Rules - Local Rules

 
  Next Criminal Rules TOC

CRIMINAL RULES

LCrR 47.1 Motion Practice   

Unless otherwise directed by the presiding judge, motion practice is controlled by subsection (h) of this rule. In addition, the parties must comply with the following:

  1. Conference. Before filing a motion, an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Conferences are not required for motions to dismiss the entire action or indictment, or when a conference is not possible.
  2. Certificate of Conference.
    1. Each motion for which a conference is required must include a certificate of conference indicating that the motion is unopposed or opposed.
    2. If a motion is opposed, the certificate must state that a conference was held, indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached.
    3. If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed.
  3. Proposed Order. An unopposed motion must be accompanied by an agreed proposed order, signed by the attorneys or parties. An opposed motion that is submitted on paper must be accompanied by a proposed order, set forth on a separate document, unless an order is not required by subsection (h) of this rule.
  4. Brief. An opposed motion must be accompanied by a brief that sets forth the moving party's contentions of fact and/or law, and argument and authorities, unless a brief is not required by subsection (h) of this rule. A response to an opposed motion must be accompanied by a brief that sets forth the responding party's contentions of fact and/or law, and argument and authorities. A responding party is not required to file a brief in opposition to a motion for which a brief is not required by subsection (h) of this rule.
  5. Time for Response and Brief. A response and brief to an opposed motion must be filed within 14 days from the date the motion is filed.
  6. Reply Brief. Reply briefs may not be filed unless the moving party requests, and the presiding judge grants, leave to do so. If leave is granted, the reply brief shall be filed no later than the deadline set by the presiding judge.
  7. No Oral Argument. Unless otherwise directed by the presiding judge, oral argument on a motion will not be held.
  8. Uniform Requirements on Motion Practice.

 

LCrR 47.2 Briefs

  1. General Form. A brief must be printed, typewritten, or presented in some other legible form.
  2. Amicus Briefs. An amicus brief may not be filed without leave of the presiding judge. The brief must specifically set forth the interest of the amicus curiae in the outcome of the litigation.
  3. Length. A brief must not exceed 25 pages (excluding the table of contents and table of authorities). A reply brief must not exceed 10 pages. Permission to file a brief in excess of these page limitations will be granted by the presiding judge only for extraordinary and compelling reasons.
  4. Tables of Contents and Authorities. A brief in excess of 10 pages must contain:
    1. a table of contents with page references; and
    2. an alphabetically arranged table of cases, statutes, and other authorities cited, with page references to the location of all citations.

LCrR 47.3 Confirmation of Informal Leave of Court   

When a presiding judge informally grants leave, such as an extension of time to file a response, an attorney for the party to whom leave is granted must file a document confirming the leave and must serve the document on all other parties.

LCrR 49.1 Filing Criminal Cases   

When a criminal case is filed, the United States must also submit, for each defendant, a completed criminal-case cover sheet, in the approved form.

LCrR 49.2 Filing and Serving Pleadings, Motions, or Other Papers

  1. Filing with the Clerk. Except for discovery material, a pleading, motion, or other paper that the Federal Rules of Criminal Procedure permit or require to be filed, that is submitted on paper, must be filed with the clerk's office for the appropriate division. Such pleading, motion, or other paper must not be sent directly to the presiding judge.
  2. Original and Judge's Copy Required. An original and one judge's copy of each pleading, motion, or other paper that is submitted on paper must be filed with the clerk. If a pleading, motion, or other paper is filed by electronic means, the judge's copy must be submitted following procedures set forth in the ECF Administrative Procedures Manual.
  3. Document Containing More Than One Pleading, Motion, or Other Paper. Except for a proposed order, a document may contain more than one pleading, motion, or other paper. Any such document must clearly identify in the title each included pleading, motion, or other paper.
  4. Certificate of Service. All pleadings, motions, notices, and similar papers that Fed. R. Crim. P. 49 or a court order requires or permits be served must contain a certificate of service.
  5. Serving by Electronic Means. Delivery of the notice of electronic filing that is automatically generated by ECF constitutes service under Fed. R. Crim. P. 49(b) on each party who is a registered user of ECF.
  6. Electronic Filing Required. Unless the presiding judge otherwise directs, an attorney—other than a prisoner pro se party—must file any pleading (except an indictment or information), motion, or other paper by electronic means, subject to the restrictions and requirements of the ECF Administrative Procedures Manual. A party may, for cause, move to be excused from the requirement of electronic filing.
  7. Registration as an ECF User Required. Unless excused for cause, an attorney—other than a prisoner pro se party—must register as an ECF user within 14 days of the date the attorney appears in a case, following the registration procedures set forth in the ECF Administrative Procedures Manual.

LCrR 49.3 Required Form   

In addition to the requirements of the Federal Rules of Criminal Procedure, each pleading, motion, or other paper must:

  1. contain on its face a title clearly identifying each included pleading, motion, or other paper;
  2. contain a signature block that sets forth the attorney's bar number for the jurisdiction in which the attorney is admitted to practice, and a facsimile number and e-mail address where information may be sent to the attorney;
  3. use a page size of 8 1/2 x 11 inches;
  4. be typed, printed, or legibly handwritten on numbered pages; and
  5. when submitted on paper, unless otherwise provided by the local criminal rules or order of the presiding judge, be two-hole punched at the top and either stapled in the upper, left-hand corner or secured with a durable fastener at the top.
LCrR 49.4 Notice of Orders and Judgments
  1. Furnishing Copies of Orders and Judgments. Unless the presiding judge otherwise directs, the clerk shall furnish a copy of each order and judgment to counsel of record by first class mail or, where the clerk has the capability to do so, by electronic transmission. To receive orders and judgments by electronic transmission, the attorney of record must sign an agreement form provided by the clerk, and must comply with the applicable procedures established by the clerk. Where a party is represented by more than one attorney of record, the attorney designated in accordance with LCrR 49.4 (b) or (c) shall receive copies of orders and judgments and distribute them to co-counsel for the same party who have not received a notice of electronic filing from ECF.
  2. Designation of Counsel to Receive Orders and Judgments. The clerk shall designate an attorney to receive copies of orders and judgments, in the following manner:
    1. the first attorney to sign an indictment; and
    2. the attorney appointed or retained to represent a defendant, or, when a defendant is represented by more than one attorney, the attorney who appears to be acting as lead counsel.
  3. Change in Designation of Counsel. If the attorney designated to receive orders and judgments desires that another attorney be substituted for this purpose, the attorney must request substitution in the manner prescribed by the clerk.

LCrR 49.5 Electronic Signature.

  1. What Constitutes Electronic Signature. The signature of an attorney who submits a pleading, motion, or other paper for filing by electronic means is the login and password issued to the attorney by the clerk.
  2. Requirements for Electronic Signature. An attorney who submits a document for filing by electronic means must place on the document an “s/” and the typed name of the attorney, or a graphical signature, in the space where the attorney’s signature would have appeared had the document been submitted on paper.
  3. Certification of Signature of Another Person. By submitting a document by electronic means and representing the consent of another person on the document, an attorney who submits the document certifies that the document has been properly signed.
  4. Requirements for Another Person’s Electronic Signature. An attorney who submits a document by electronic means that is signed by another person—other than a charging document or a document signed by a defendant—must:
    1. include a scanned image of the other person’s signature, or represent the consent of the other person in a manner permitted or required by the presiding judge; and
    2. maintain the signed paper copy of the document for one year after final disposition of the case.

LCrR 49.6 Requirement of Paper Copies of Certain Electronically-Filed Documents.

When a charging document—including a complaint, information, indictment, or superseding indictment—or any document signed by a criminal defendant is submitted by electronic means, the attorney who submitted the document must deliver an original, signed paper document to the clerk within 7 days.

Back to top

  Next Criminal Rules TOC