MOTION TO REQUIRE THE GOVERNMENT TO GIVE

NOTICE OF ITS INTENTION TO USE CERTAIN EVIDENCE

The above-named Defendant, pursuant to Fed.R.Crim.P. 12(d)(2), moves the Court for an Order directing the government to give him notice of its intention to use certain evidence which may arguably be the subject of a motion to suppress. More specifically, it is requested that the government be ordered to provide the defendant with notice of its intention to use the following:

1. Statements of the defendant as required by Fed.R.Crim.P. 16(a)(1)(A).

2. Defendant's prior record as required by Fed.R.Crim.P. 16(a)(1)(B), including any other crimes, wrongs or acts not culminating in a conviction but which may be used by the government as extrinsic offense evidence to show proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident pursuant to Fed. R. Evid. 404(b).

3. Documents and tangible objects as required by Fed.R.Crim.P. 16(a)(1)(C).

4. Reports of examinations and tests as required by Fed.R.Crim.P. 16(a)(1)(D).

WHEREFORE, the Defendant moves for an Order directing the government to provide the defendant with notice of its intention to use certain evidence.

MEMORANDUM OF LAW

Fed.R.Crim.P. 12(d) provides a mechanism for insuring that a defendant knows of the government's intention to use evidence to which the defendant may want to object. In cases in which defendant wishes to know what types of evidence the government intends to use he can request the government to give notice of its intention to use specified evidence which the defendant is entitled to discover under Fed.R.Crim.P. 16. Although defendant is already entitled to discovery of such evidence prior to trial per Rule 16, Rule 12 makes it possible for him to avoid the necessity of moving to suppress evidence which the government does not intend to use. Pretrial notice by the prosecution of its intention to use evidence which may be subject to a motion to suppress should be encouraged. Notes of Advisory Committee on Rule 12, 1974 Amendment.

DATED this day of October, 1995.

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