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Case 1:20-cr-00330-PAE Document 291 Filed 05/21/21 Page7of13 Page 7 “premature” because the defense had not yet decided whether to call the expert and explaining that “Talllowing [the] defendant to defer the provision of such discovery until a final determination regarding whether or not [to] put an expert witness on the stand would seem to frustrate” the goal of allowing the Government a fair opportunity to prepare). The Government further notes that the defense’s proposed disclosure date would not provide sufficient time for the Government to locate a rebuttal expert if appropriate or to provide notice of that rebuttal expert to the defense. Because experts are typically not available on a matter of weeks’ notice, it cannot be the case that the defense will wait to review Jencks Act materials before contacting and retaining experts; there is no basis for delaying disclosure of this information to the Government, particularly given the delay this will cause to resolving any potential Daubert issues before trial. In addition, the Government proposes that the defense provide a proposed witness list and witness statements, pursuant to Federal Rule of Criminal Procedure 26.2, and disclosures pursuant to Federal Rule of Criminal Procedure 16(b)(1)(A) and 16(b)(1)(B) by November 1, 2021, or 4 weeks in advance of trial. This deadline will provide the defense with ample time to determine what, if any, defense witnesses may testify at trial. This deadline will also permit the Government adequate time to review these materials and raise any appropriate objections or motions in advance of trial. Defendant's Position Ms. Maxwell respectfully proposes the following pretrial disclosure schedule: e May 24 — government discloses identities of alleged victims. e Sept. 27 (9 weeks before trial) — government discloses Jencks Act/3500 material, Giglio material, Rule 404(b) evidence and notice, the government’s witness list, any co-conspirator statements it intends to introduce at trial, and DOJ-OGR-00004257