707.pdf

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pdf

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house-oversight-doj

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3

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0.9404273175731949

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Case 1:20-cr-00330-PAE Document 707 Cy HA. D DON MORGAN FOREMAN October 14, 2021 VIA ECF The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Filed 07/12/22 Pagelof3 Haddon, Morgan and Foreman, P.c Jeffrey Pagliuca 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www.hmflaw.com [email protected] Re: — Deadline for Filing Motion under Federal Rule of Evidence 412, United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, I write to confirm that November 15, 2021 is the deadline for Ms. Maxwell to file a motion under Federal Rule of Evidence 412, which governs the admissibility of evidence of an alleged victim’s sexual behavior. Under this Court’s pretrial scheduling order, motions in limine are due on October 18. A motion in limine is a “pretrial request that certain inadmissible evidence not be referred to or offered at trial.” Black’s Law Dictionary (11th ed. 2019). A motion under Rule 412 is not a motion in limine. Rather, it is a motion seeking permission to admit evidence the Rules of Evidence might otherwise exclude. It is a substantive motion under a specific rule of evidence with specific procedures for its filing, consideration, and determination. Fed. R. Evid. 412(c). And the Rule itself sets a deadline for filing a motion under its terms—14 days before trial. Fed. R. Evid. 412(c)(1)(B) (providing that a defendant must file her motion “at least 14 days before trial unless the court, for good cause, sets a different time”).   DOJ-OGR-00011265

Case 1:20-cr-00330-PAE Document 707 Filed 07/12/22 Page2of3 The Honorable Alison J. Nathan October 14, 2021 Page 2 Ms. Maxwell’s counsel conferred with the government about the timing for filing a motion under Rule 412. The government seeks to have the motion briefed before jury selection begins. Implicit in the language of Rule 412(c)(1)(B) is authority for the Court to permit a defendant to file a motio…

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