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LCrR 1. Scope
LCrR 12. Motions
LCrR 16. Discovery
LCrR 30. Instructions
LCrR 32. Sentence and Judgement
LCrR 43. Presence of the Defendant
LCrR 44. Right to Counsel
LCrR 44.2 Pro Se Filings
LCrR 46. Pretrial Release
LCrR 49. Service of Papers
LCrR 50. Calendars
LCrR 53. Release of Information
LCrR 58. Forfeiture of Collateral
LOCAL RULES FOR THE ADMINISTRATION OF CRIMINAL CASES
(Matters of a civil, general, or administrative nature are addressed in LR 1, et seq. These Local Rules for the Administration of Criminal Cases are supplemental in nature, and are to be construed consistently with the generally applicable Local Rules, supra.)
CRIMINAL CASES
LCrR 1. SCOPE
LCrR 1.1 Applicability of Local Civil Rules. These Local Rules for the Administration of Criminal cases are supplemental to the Local Rules for Civil Cases and the Administration of the Court. Those rules must be consulted as to matters of procedure and administration not addressed by these supplemental rules. See, e.g., LR 2.2 (division filings); LR 7.6 (reply briefs); LR 51 (jury instructions); LR 72 (Magistrate Judges); LR 79 (records and sealed documents); LR 83 (attorney admission, discipline, and relations with the jury).
LCrR 1.2 Precedence of the Federal Rules of Criminal Procedure. In cases of conflict between these Local Rules and the Federal Rules of Criminal Procedure, except where the Federal Rules of Criminal Procedure permit variations by Local Rule, or in matters not addressed by these Local Rules, the Federal Rules of Criminal Procedure shall govern. Whenever possible, the Local Rules and Federal Rules of Criminal Procedure shall be read consistently.
LCrR 2 through 11. See Federal Rules of Criminal Procedure 2 through 11.
LCrR 12. MOTIONS
LCrR 12.1 Form and Time for Filing Criminal Motions. Unless otherwise ordered by the Court, every motion filed in a criminal proceeding shall be accompanied by a memorandum of law citing supporting authorities. Every factual assertion in a motion, response, or brief shall be supported by a citation to the pertinent page in the existing record or in any affidavit, discovery material, or other evidence filed with the motion. Where allegations of fact are relied upon that are not supported by the existing record, supporting affidavits shall be submitted.
Unless otherwise ordered by the Court, all pretrial motions in criminal cases, pursuant to Rule 12 of the Federal Rules of Criminal Procedure shall be filed within ten (10) days of arraignment. Unless otherwise ordered responses to motions shall be filed within fourteen (14) days after service of the motion.
LCrR 12.2 Notice of Entrapment Defense. Upon written demand of the attorney for the government stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within fourteen (14) days, or at such different time as the Court may order in writing, upon the attorney for the government a written notice of his intention to offer a defense of entrapment. Such notice by the defendant shall state the specific acts upon which the prosecution is based that the defendant admits and shall further state the specific time, place, and circumstances under which the defendant claims to have been entrapped, together with the names and addresses of witnesses upon whom he intends to rely to establish such defense.
LCrR 12.3 Disclosure of Information and Witnesses. As soon as practicable after the defendant's notice, and in no event less than fourteen (14) days before trial (unless the Court directs otherwise), the attorney for the government shall serve upon the defendant, or his attorney, a written notice stating the names and addresses of the witnesses and the substance of any direct or circumstantial evidence of prior acts of the defendant, specific instances of conduct, or criminal convictions of the defendant upon which the government intends to rely to establish the defendant's predisposition to commit the crime alleged.
LCrR 12.4 Continuing Duty to Disclose. If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the information furnished under the preceding rules, the party shall promptly notify the other party or his attorney of the existence and identity of such additional witness.
LCrR 12.5 Failure to Comply. Upon the failure of either party to comply with the requirements of this rule, the Court may exclude the testimony of any undisclosed witness offered by such party as to the defendant's defense of entrapment. This rule shall not limit the right of the defendant to testify in his own behalf.
LCrR 12.6 Exceptions. For good cause shown, the Court may grant an exception to any of the requirements of this rule.
LCrR 12.7 Inadmissibility of Withdrawn Defense. Evidence of an intention to rely upon a defense of entrapment, or the admission of any act upon which the prosecution may be based, if later withdrawn, or of any statement made in connection with a notice under this rule, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.
LCrR 13 through 15. See Federal Rules of Criminal Procedure 13 through 15.
LCrR 16. DISCOVERY
LCrR 16.1 Pretrial Discovery and Inspection in Criminal Cases. Within seven (7) days after arraignment, the United States Attorney and the defendant's attorney shall confer and, upon request, the government shall:
(a) Permit defendant's attorney to inspect and copy or photograph any relevant written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the government, the existence of which is known, or by the exercise of due diligence may become known to the attorney for the government.
(b) Permit defendant's attorney to inspect and copy or photograph any relevant results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the case, or copies thereof, within the possession or control of the government, the existence of which is known, or by the exercise of due diligence may become known to the attorney for the government.
(c) Permit defendant's attorney to inspect and copy or photograph any relevant recorded testimony of the defendant before a grand jury.
(d) Permit defendant's attorney to inspect and copy or photograph books, papers, documents, tangible objects, buildings, or places which are the property of the defendant and which are within the possession, custody, or control of the government.
(e) Permit defendant's attorney to inspect and copy or photograph the Federal Bureau of Investigation Identification Sheet indicating defendant's prior criminal record.
(f) Permit defendant's attorney to inspect and copy or photograph any evidence favorable to the defendant.
(g) There shall be no duplication required of a party making discovery under this rule or under Rule 16 of the Federal Rules of Criminal Procedure. In the event the United States Attorney declines to furnish any such information described in this rule, he shall file such declination in writing specifying the types of disclosure that are declined and the grounds therefor. If defendant's attorney objects to such refusal, he shall move the Court for a hearing thereon. Any duty of disclosure and discovery set forth in the rule is a continuing one and the United States Attorney shall produce any additional information gained by the government.
Any disclosure granted by the government pursuant to this local rule of material within the purview of Rules 6(e), 16(a)(2) and 16(b) of the Federal Rules of Criminal Procedure, and 18 U.S.C. § 3500, shall be considered as relief sought by the defendant and granted by the Court. Defense counsel is prohibited from disseminating this information beyond that necessary to the preparation of his client's defense.
LCrR 16.2 Disclosure of Evidence of Other Crimes, Wrongs, or Acts. As soon as practicable after the defendant's arraignment, and in any event no more than twenty (20) days after the arraignment (unless the Court directs otherwise), the United States Attorney shall serve upon counsel for the defendant a written notice of any direct or circumstantial evidence of other crimes, wrongs, or acts of the defendant, or specific instances of conduct or criminal convictions of the defendant, which the Government intends to offer into evidence through either Fed. R. Evid. 404(b) or under the theory that the evidence is so inextricably intertwined with defendant's charged offense that it should be admissible.
LCrR 17 through 29. See Federal Rules of Criminal Procedure 17 through 29.
LCrR 30. INSTRUCTIONS
LCrR 30.1 Jury Instructions. In criminal cases, all requests to charge and proposed voir dire questions must be filed at least seven (7) days before jury selection.
LCrR 31. See Federal Rule of Criminal Procedure 31.
LCrR 32. SENTENCE AND JUDGMENT
LCrR 32.1 Conditions of Probation and/or Supervised Release. All persons placed on probation or supervised release will abide by the following general conditions:
(1) You shall not leave the judicial district without permission of the Court or probation officer.
(2) You shall report to the probation officer as directed by the Court or probation officer, and shall submit a truthful and complete written report within the first five days of each month.
(3) You shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.
(4) You shall support your dependents and meet other family responsibilities.
(5) You shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reason.
(6) You shall notify the probation officer within seventy-two hours of any change in residence or employment.
(7) You shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substance, except as prescribed by a physician.
(8) You shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
(9) You shall not associate with any person engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer.
(10) You shall permit a probation officer to visit at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.
(11) You shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement official.
(12) You shall not enter into any agreement to act as an informer or special agent of a law enforcement agency without the permission of the Court.
(13) As directed by the probation officer, you shall notify third parties of risks that may be occasioned by your criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to confirm your compliance with such notification requirement.
LCrR 32.2 Disclosure of Presentence or Probation Records. To comply with Federal Rule of Criminal Procedure 32 and 18 U.S.C. § 3552, the probation officer shall, as soon as practical, but no later than twenty-five (25) days after the entry of a plea of guilty or verdict of guilty after trial, provide a copy of the preliminary draft of the presentence report to counsel for the defense and counsel for the government. Counsel for the defense shall disclose the presentence report to the defendant. Neither the preliminary draft nor the final presentence report provided to counsel for the defense and government shall be reproduced, except that, pursuant to 18 U.S.C. § 3552(d), the attorney for the government shall provide a copy of the presentence report to an attorney in the Financial Litigation Unit of the United States Attorney's Office for use in collecting any assessment, criminal fine, forfeiture and/or restitution imposed. The preliminary draft of the presentence report shall be returned to the probation officer immediately upon receipt of the revised presentence report. Counsel for the defense and counsel for the government shall have fourteen (14) days from the date of the receipt of the preliminary draft of the presentence report to file objections with the probation officer. Thereafter, the probation officer shall have fourteen (14) days from the date of the receipt of counsel's objections to provide a copy of the final presentence report to the Court and counsel for the defense and the government. The final presentence report shall include an addendum advising the Court of any unresolved issues. The sentencing hearing shall be held as provided by law.
Otherwise, no confidential records of this Court maintained by the probation office, including presentence and probation supervision records, shall be sought by any applicant except by written petition to this Court, establishing with particularity the need for specific information in the records.
(a) When a demand for disclosure of presentence and probation records is made, by way of subpoena or other judicial process, to a probation officer of this Court, the probation officer may file a petition seeking instruction from the Court with respect to responding to the subpoena.
(b) Whenever a probation officer is subpoenaed for such records, he shall petition the Court, in writing, for authority to release documentary records or produce testimony with respect to such confidential Court information.
(c) In either event, no disclosure shall be made except upon an order issued by this Court.
LCrR 32.3 Continuing Control of Court. Any copy of a presentence report which the Court makes available, or has made available, to the United States Parole Commission or the Bureau of Prisons constitutes a confidential Court document and shall be presumed to remain under the continuing control of the Court during the time it is in the temporary custody of these agencies. Such copy shall be lent to the Parole Commission and the Bureau of Prisons only for the purpose of enabling those agencies to carry out their official functions, including parole release and supervision, and shall be returned to the Court upon request. Disclosure of a report is authorized only so far as necessary to comply with 18 U.S.C. § 4208(b)(2) and established case law.
LCrR 32.4 Notice of Confidential Nature. Any copy of any presentence report which the Court makes available to the United States Parole Commission or the Bureau of Prisons shall be marked prominently and distinctly on the cover sheet and the first and last pages of such report as follows: Confidential. Property of U.S. Court submitted for official use of U. S. Parole Commission and Federal Bureau of Prisons, to be returned upon request. Disclosure only to comply with 18 U.S.C. § 4208(b)(2) and established case law.
LCrR 32.5 Remittitur. Upon receipt of a remittitur from the appellate court in a criminal case, when the judgment of this Court has been affirmed or the appeal dismissed, the Clerk shall immediately file said remittitur, and so notify counsel and the defendant. At the same time, the Clerk shall provide to the United States Marshal for this District, copies of the judgment and commitment and remittitur.
LCrR 32.6 Notice to Defendants. Where a defendant, after a judgment of conviction in a criminal case, has been released on an appeal bond, and the judgment of conviction has been affirmed by the appellate court, or the appeal has been dismissed, upon filing in this Court of the remittitur from the appellate court, or upon the filing of the notice of the dismissal of the appeal:
(a) The Clerk of this Court shall immediately notify the defendant, counsel for the defendant, and the sureties of his bond of such affirmance or dismissal by registered or certified mail, to their last known address, mailing a copy of such notice to the United States Attorney and the United States Marshal; and
(b) Within fourteen (14) days after such notice by the Clerk, the United States Marshal shall notify the defendant when and where to report to the institution designated by the Bureau of Prisons to abide the sentence. Upon failure of the defendant to surrender as directed, the Marshal shall report such fact to the United States Attorney, and the bond of such defendant shall be subject to forfeiture without further notice.
LCrR 33 through 42. See Federal Rules of Criminal Procedure 33 through 42.
LCrR 43. PRESENCE OF THE DEFENDANT
LCrR 43.1 Presumption of Presence. Unless the contrary appears affirmatively in the record, it will be presumed that the parties and their counsel were present at all stages of the trial, or if absent, that their absence was voluntary and constituted a waiver of their presence.
LCrR 44. RIGHT TO COUNSEL
LCrR 44.1 Indigent Defendants. The appointment of counsel and counsel's obligations to the representation of indigent defendants in criminal proceedings pursuant to Rule 44 of the Federal Rules of Criminal Procedure shall be in accordance with the "Plan of United States District Court for the Southern District of Georgia Pursuant to the Criminal Justice Act of 1964 as Amended," which plan is of record in each of the divisional offices of the Clerk of this Court. See also, LR 83.11.
LCrR 44.2 Pro Se Filings. Absent prior leave of Court, a defendant represented by counsel may not file a motion, brief, or other paper pro se, except for a motion for the appointment of new counsel or a motion to proceed pro se.
LCrR 45. See Federal Rules of Criminal Procedure 45.
LCrR 46. PRETRIAL RELEASE
LCrR 46.1 Pretrial Services
(a) Investigation. At the request of the judicial officer a prebail investigation report will be completed by the probation officer prior to the release hearing on each individual arrested in this district on a federal warrant unless the defendant waives the investigation. The report of this investigation with recommendation shall be considered by the judicial officer at the release hearing. Consideration shall be given for the time needed to conduct the investigation when establishing the time of the hearing.
(b) Supervision. The probation officer shall provide supervision and/or services for each defendant upon whom special conditions are imposed by the judicial officer.
(c) Pretrial Diversion. The probation officer shall investigate referrals from the United States Attorney's office for the Pretrial Diversion Program and supervise individuals placed on pretrial diversion by the United States Attorney.
LCrR 47 and 48. See Federal Rules of Criminal Procedure 47 and 48.
LCrR 49. SERVICE OF PAPERS
LCrR 49.1 Mailing of Notices. In all criminal cases, the Clerk shall mail written notices of all conferences, hearings, and trial assignments to the defendant and the defendant's surety by certified mail or certificate of mailing, and to the defendant's attorney and the United States Attorney by regular mail. When there is insufficient time for giving notice by certified mail or a certificate of mailing, the Clerk shall notify the parties by telephone and document the date and time of the call or provide such other notice as the Court may direct.
LCrR 50. CALENDARS
LCrR 50.1 Criminal Calendars. The criminal calendars of this Court shall be processed in accordance with the provisions of the "Speedy Trial Act of 1974" (Pub. L. No. 93-61, 88 Stat. 2076, 18 U.S.C. §§ 3161-3174), as amended, and the "Plan of the United States District Court for the Southern District of Georgia for Achieving the Prompt Disposition of Criminal Cases," as amended, which plan is of record in each of the divisional offices of the Clerk of this Court, insofar as said plan does not conflict with the statute.
LCrR 50.2 Criminal Case Reports. The Clerk shall make a written report to the Court and each Judge thereof on the first day of each month, listing each criminal case pending in each division by case number and name of defendant. Such report shall also indicate the date the defendant was indicted, the date of his plea or conviction, and the date by which the next action in the case is required to be taken in accordance with the time requirements and limitations set forth in the Criminal Justice Act Plan for this District and the Speedy Trial Act of 1974.
LCrR 51 and 52. See Federal Rules of Criminal Procedure 51 and 52.
LCrR 53. RELEASE OF INFORMATION
LCrR 53.1 Release of Information by Attorneys in Criminal Cases.
(a) It is the duty of the lawyer or law firm not to release or authorize the release of information or opinion which a reasonable person would expect to be disseminated by any means of public communication, in connection with pending or imminent criminal litigation with which a lawyer or law firm is associated, if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice.
(b) With respect to a grand jury or other pending investigation of any criminal matter, a lawyer participating in or associated with the investigation shall refrain from making any extrajudicial statement which a reasonable person would expect to be disseminated, by any means of public communication, that goes beyond the public record or that is not necessary to inform the public that the investigation is under way, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the investigation.
(c) From the time of arrest, issuance of an arrest warrant, or the filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer or law firm associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement which a reasonable person would expect to be disseminated by any means of public communication, relating to that matter and concerning:
(1) The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer or law firm may make a factual statement of the accused's name, age, residence, occupation, and family status and, if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in his apprehension or to warn the public of any dangers he may present;
(2) the existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement;
(3) The performance of any examinations or tests or the accused's refusal or failure to submit to an examination or test;
(4) The identity, testimony, or credibility of prospective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law;
(5) The possibility of a plea of guilty to the offense charged or a lesser offense; and
(6) Any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case.
The foregoing shall not be construed to preclude the lawyer or law firm during this period, in the proper discharge of his or its official or professional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, at the time of seizure of any physical evidence other than a confession, admission, or statement, which is limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or referring without comment to public records of the Court in the case; from announcing the scheduling or result of any stage in the judicial process; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges made against him.
(d) During a jury trial of any criminal matter, including the period of selection of the jury, no lawyer or law firm associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview relating to the trial or the parties or issues in the trial, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial, except that the lawyer or law firm may quote from or refer without comment to public records of the Court in the case.
(e) Nothing in this Rule is intended to preclude the formulation or application of more restrictive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies, or to preclude any lawyer from replying to charges of misconduct that are publicly made against him.
LCrR 53.2 Communications Between Attorney and Client. This Rule does not forbid communications between the attorney and his client or a prospective client, who has on the initiative of the client or prospective client consulted with, employed, or proposed to employ the attorney, or communications occurring in the regular course of business or in the performance of the duties of a public office or agency which do not have the effect of soliciting representation by counsel, or misrepresenting the status, purposes, or effect of the action and orders therein.
LCrR 54 through 57. See Federal Rules of Criminal Procedure 54 through 57.
LCrR 58. FORFEITURE OF COLLATERAL
LCrR 58.1 Forfeiture of Collateral in Lieu of Appearance. For certain scheduled offenses, in accordance with the Forfeiture of Collateral Schedule maintained as a public record by the Clerk of this Court, committed within the territorial and subject matter jurisdiction of a United States Magistrate Judge for the Southern District of Georgia, collateral may be posted in the scheduled amount in lieu of an accused's appearance before the Magistrate Judge.
LCrR 58.2 Forfeiture of Collateral Schedule. The Forfeiture of Collateral Schedule will be in full force and effect on any location within the Southern District where the United States has concurrent or exclusive jurisdiction, including but not limited to the following lands regulated and controlled by the United States of America and its agencies: Blackbeard National Wildlife Refuge, Savannah National Wildlife Refuge, Okefenokee National Refuge, Cumberland Island National Park, Fort Pulaski National Refuge, Clark Hill Dam Reservoir, Fort Gordon, Georgia, Fort Stewart, Georgia, Hunter Army Air Field, Georgia, Veterans Administration Hospitals, Dublin and Augusta, Georgia, Corps of Engineers, and throughout the District on Migratory Bird Treaty Act Violations.
LCrR 59 and 60. See Federal Rules of Criminal Procedure 59 and 60.
End of Criminal Rules