Workload Driver - Discovery Issues, what constitutes "voluminious discovery?"

Question: When is the size of the discovery to be noted? In every case or only in voluminous cases? What makes it voluminous?

Answer: Size of the discovery alone will not trigger the driver. The size of the size of the discovery must co-exist with determination that size significantly complicates the case.

Unlike the old legacy factor on our closing forms, this new Work Measurement Study Workload Driver does not reference “voluminous discovery." That omission is deliberate. There is no agreement or national definition as to what constitutes, “voluminous discovery.” From discussions among the Steering Group and with staff in various offices, we've learned that "voluminous" can mean very different things in different districts.

By gathering the actual size of the discovery set, the analysis will hopefully reveal what constitutes a "voluminous" discovery set that impacts resource requirements.

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Discovery and “Rule 16” Driver

Question: My AUSA skimps on discovery disclosure and we’re in constant discovery fights. 

  A week after indictment I get a handful of FBI 302s and some redacted police reports, and a small amount of Brady and Giglio information, but the materials provided are a far cry from “open file.” In Section 1326 cases I get the A-file on my request, but it often has important things redacted from it that I have to fight about. Should I be selecting the “discovery limited to Rule 16” driver?

Answer: No. The "Limited to Rule 16" driver is intended for the relatively few districts where the USAO gives the absolute bare minimum discovery required under Federal Rule of Criminal Procedure 16, with no voluntary disclosure of any material beyond those minimum requirements.

  In the above example, voluntary disclosure of Jencks material and other discovery is beyond the strict requirements of Rule 16. That driver would not be appropriate for this case.

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