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619 KB
Extraction Summary
3
People
3
Organizations
1
Locations
2
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
619 KB
Summary
This legal document is a court order addressing a discovery request from the defendant, Maxwell, concerning evidence under Federal Rule of Evidence 404(b). The Court considers the Government's proposal to disclose this evidence 45 days before trial to be reasonable and denies Maxwell's request for earlier disclosure. However, the Court encourages the parties to negotiate a final schedule and concludes that disclosure six to eight weeks before trial would be appropriate.
People (3)
| Name | Role | Context |
|---|---|---|
| Maxwell | Defendant |
Mentioned as the defendant making a discovery request for early disclosure of evidence under Rule 404(b).
|
| Thompson |
Named in the case citation 'United States v. Thompson'.
|
|
| Percevault |
Named in the case citation 'United States v. Percevault'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
The prosecuting party in the criminal case against Maxwell.
|
| Court | government agency |
The judicial body presiding over the case, making decisions on motions and schedules.
|
| S.D.N.Y. | government agency |
Abbreviation for the Southern District of New York court, mentioned in a case citation.
|
Timeline (2 events)
2021-04-16
Document 207 was filed in Case 1:20-cr-00330-AJN.
A discussion regarding Maxwell's discovery request for early disclosure of evidence under Federal Rule of Evidence 404(b) for an upcoming trial.
Locations (1)
| Location | Context |
|---|---|
|
The Southern District of New York, a federal judicial district, mentioned in a case citation.
|
Relationships (1)
The document outlines a legal dispute between Maxwell (the defendant) and the Government (the prosecution) regarding the timing of evidence disclosure in a criminal case.
Key Quotes (5)
"evidence of a crime, wrong, or other act"Source
— Federal Rule of Evidence 404(b)
(Describing the type of evidence the Government intends to use against a defendant.)
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Quote #1
"provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial"Source
— Federal Rule of Evidence 404(b)
(Stating the prosecutor's obligation regarding 404(b) evidence.)
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Quote #2
"do so in writing before trial—or in any form during trial if the court, for good cause, excuses lack of pretrial notice."Source
— Federal Rule of Evidence 404(b)
(Detailing the requirements for providing notice of 404(b) evidence.)
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Quote #3
"This is all that Rule 404(b) requires."Source
— United States v. Thompson
(Quoted by the Court to support its conclusion that the Government's proposed disclosure schedule is reasonable.)
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Quote #4
"[I]n most criminal cases, pretrial disclosure will redound to the benefit of all parties, counsel, and the court."Source
— United States v. Percevault
(Quoted to support the idea that parties should negotiate a discovery timeline in good faith.)
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Quote #5
Full Extracted Text
Complete text extracted from the document (2,104 characters)
Case 22-1426, Document 57, 02/28/2023, 3475900, Page173 of 208
A-169
Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 32 of 34
A-169
Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 32 of 34
D. Rule 404(b) material
Maxwell’s final discovery request is for early disclosure of evidence the Government
seeks to offer under Federal Rule of Evidence 404(b). Under Rule 404(b), if the prosecutor in a
criminal case intends to use “evidence of a crime, wrong, or other act” against a defendant, the
prosecutor must “provide reasonable notice of the general nature of any such evidence that the
prosecutor intends to offer at trial” and must “do so in writing before trial—or in any form
during trial if the court, for good cause, excuses lack of pretrial notice.” The Government
represents that it will notify the defense of its intent to use 404(b) evidence at least 45 days in
advance of trial to allow Maxwell to file any motions in limine to be considered at the final
pretrial conference. The Government’s proposal will give Maxwell an opportunity to challenge
admission of that evidence and to bring to the Court’s attention any issues that require resolution
before trial. “This is all that Rule 404(b) requires.” United States v. Thompson, No. 13-cr-378
(AJN), 2013 WL 6246489, at *9 (S.D.N.Y. Dec. 3, 2013). The Court concludes this schedule is
generally reasonable, although additional time to enable briefing and resolution in advance of
trial is strongly encouraged.
seeks to offer under Federal Rule of Evidence 404(b). Under Rule 404(b), if the prosecutor in a
criminal case intends to use “evidence of a crime, wrong, or other act” against a defendant, the
prosecutor must “provide reasonable notice of the general nature of any such evidence that the
prosecutor intends to offer at trial” and must “do so in writing before trial—or in any form
during trial if the court, for good cause, excuses lack of pretrial notice.” The Government
represents that it will notify the defense of its intent to use 404(b) evidence at least 45 days in
advance of trial to allow Maxwell to file any motions in limine to be considered at the final
pretrial conference. The Government’s proposal will give Maxwell an opportunity to challenge
admission of that evidence and to bring to the Court’s attention any issues that require resolution
before trial. “This is all that Rule 404(b) requires.” United States v. Thompson, No. 13-cr-378
(AJN), 2013 WL 6246489, at *9 (S.D.N.Y. Dec. 3, 2013). The Court concludes this schedule is
generally reasonable, although additional time to enable briefing and resolution in advance of
trial is strongly encouraged.
The Court’s denial of Maxwell’s requests to compel pretrial disclosures does not preclude
the parties from negotiating in good faith for an expedited discovery timeline that will account
for Maxwell’s specific concerns. “[I]n most criminal cases, pretrial disclosure will redound to
the benefit of all parties, counsel, and the court.” United States v. Percevault, 490 F.2d 126, 132
(2d Cir. 1974). In general, the Court will require the parties to negotiate a final, omnibus
schedule to propose to the Court. The Court concludes that the disclosure of all of the above
materials approximately six to eight weeks in advance of trial is appropriate and sufficient.
the parties from negotiating in good faith for an expedited discovery timeline that will account
for Maxwell’s specific concerns. “[I]n most criminal cases, pretrial disclosure will redound to
the benefit of all parties, counsel, and the court.” United States v. Percevault, 490 F.2d 126, 132
(2d Cir. 1974). In general, the Court will require the parties to negotiate a final, omnibus
schedule to propose to the Court. The Court concludes that the disclosure of all of the above
materials approximately six to eight weeks in advance of trial is appropriate and sufficient.
32
DOJ-OGR-00020791
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