Case 1:20-cr-00330-PAE
Cy
HADDON
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
Document 707
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