LCR 12-1. TIME FOR
FILING MOTIONS, RESPONSES AND REPLIES.
(a)
In all criminal cases, except as otherwise
ordered by the court:
(1)
Each party shall have fourteen (14) calendar
days from the time of arraignment within which
to file and serve the pretrial motions and
notices specified in subsection (b) of this
rule;
(2)
Responses to such motions shall be filed and
served within eleven (11) calendar days from the
date of service of the motion; and
(3)
A reply brief may be filed in connection with
case dispositive motions only and shall be
served within three (3) calendar days from the
date of service of the response. The reply brief
shall only respond to arguments made in the
responsive pleading.
(b)
The following pretrial motions and notices must
be filed within the time period set forth in
subsection (a) of this rule:
(1)
Defenses and objections based upon defects in
the institution of the prosecution, except
challenges to the composition of the grand or
petit jury, which are governed by
28_U.S.C._§_1867;
(2)
Defenses and objections based upon defects in
the indictment or information (other than it
fails to show jurisdiction in the court or to
charge an offense, which shall be noticed by the
court at any time during the pendency of the
proceedings);
(3)
Motion for bill of particulars, Fed. R. Crim. P.
7(f);
(4)
Motion for severance, Fed. R. Crim. P._14;
(5)
Motion to take deposition, Fed. R. Crim. P. 15;
(6)
Motion to transfer to another district, Fed. R.
Crim. P. 21;
(7)
Written demand by the attorney for the United
States for notice of alibi pursuant to
Fed._R._Crim._P._12.1;
(8)
Notice of insanity defense or expert testimony
of defendant's mental condition pursuant to Fed.
R. Crim. P. 12.2;
(9)
Notice of defense based upon public authority
under Fed. R. Crim. P. 12.3; and
(10)_Motion to suppress evidence under Fed. R.
Crim. P. 41(f).
(c)
Any party filing pretrial motions, responses to
motions, or replies pursuant to the time
schedule set forth in subsection (a) of this
rule, or within any time period ordered by the
court, shall provide a certification that the
motion, response or reply is being filed timely.
The certification shall be so identified and
shall be set forth separately as an opening
paragraph on any such motion, response or reply.
LCR 16-1. DISCOVERY, RECIPROCAL DISCOVERY AND
NOTICE OF DEFENSE.
(a)
Unless otherwise designated by the attorney for
the United States at the time of arraignment,
all cases shall be deemed to be subject to a
Joint Discovery Statement. In such a case,
within five (5) calendar days after arraignment,
unless good cause is shown, the parties shall
file a Joint Discovery Statement setting forth
the agreements of the parties as to the
discovery to be provided. In any case in which a
Joint Discovery Statement has been filed, it
shall be deemed by the court that an appropriate
and sufficient discovery motion was made by all
parties.
(b)
In all cases in which a Joint Discovery
Statement has been filed the attorney for the
United States shall make the following discovery
materials available within five (5) calendar
days after arraignment:
(1)
All evidence that is discoverable under Fed. R.
Crim. P. 16;
(2)
Any materials or evidence the production of
which is mandated by the Constitution of the
United States; and
(3)
Any materials or evidence required to be
disclosed by the Joint Discovery Statement
except those which are specifically identified
as subject to disclosure at a later date.
(c)
In any case in which a Joint Discovery Statement
has been filed, the attorney for the United
States shall be provided with reciprocal
discovery by the defense pursuant to
Fed._R._Crim._P._16 not later than fourteen (14)
calendar days prior to trial.
(d)
In a case in which a Joint Discovery Statement
has been filed, the following motions may not be
filed without leave of court:
(1)
Motion for bill of particulars, Fed. R. Crim. P.
7(f); and
(2)
Motion for discovery and inspection, Fed. R.
Crim. P. 16.
(e)
A motion for leave will be stricken unless
accompanied by the original motion for which
leave is sought and a statement of moving
counsel setting forth all efforts made to
resolve the issue informally pursuant to the
Joint Discovery Statement. Counsel for the
United States shall have three (3) calendar days
to oppose the motion for leave.
(f)
If leave is granted, the motion for which leave
was sought shall be deemed to have been filed on
the date of the order granting leave, and the
time periods for filing an opposition and a
reply shall be governed by LCR 12-1(a)(2) and
(3).
(g)
If the attorney for the United States elects to
withhold certain discovery material to which the
defendant is otherwise entitled under the Joint
Discovery Statement, the attorney for the United
States shall without delay notify the court and
counsel for the defendant either in writing or
orally in open court. As to such discovery
materials, counsel for the defendant may file a
discovery motion without leave of court.
LCR 17-1. ISSUANCE OF SUBPOENAS REQUESTED BY THE
FEDERAL
PUBLIC DEFENDER.
(a)
When a finding of indigency is made in a
criminal case and the court orders the
appointment of the office of the Federal Public
Defender pursuant to the Criminal Justice Act,
18_U.S.C._§§_3006A,
et
seq.,
the clerk shall issue subpoenas upon oral
request and submission of prepared subpoenas by
the attorneys of the office of the Federal
Public Defender. The cost of process, fees, and
expenses of witnesses subpoenaed shall be paid
as for witnesses subpoenaed on behalf of the
United States. The United States Marshal shall
provide said witnesses with advance funds for
the purpose of travel within this district and
subsistence. This rule shall only apply to
witnesses who reside or are served within the
District of Nevada. Any subpoenas which must be
served outside the District of Nevada shall
require approval of the court as provided in
Fed._R._Crim._P._17(b).
(b)
A further showing of indigency or necessity
shall not be required after an order is entered
pursuant to subsection (a) of this rule for
subpoenas to be served within the District of
Nevada.
(c)
Counsel appointed pursuant to the Criminal
Justice Act shall be required to make
application pursuant to Fed. R. Crim. P._17(b)
for the issuance of subpoenas, whether for
service within or without the District of
Nevada.
(d)
A defendant who is acting
in
pro se shall
in all cases make application pursuant to
Fed._R._Crim._P._17(b) for the issuance of
subpoenas, whether for service within or without
the District of Nevada.
(e)
The order of appointment shall be in a form
approved by the court.
LCR 30-1. INSTRUCTIONS TO JURY.
Counsel shall submit jury instructions in
accordance with the Order Regarding Pretrial
Procedure filed in each case.
LCR 32-1. SENTENCING.
In
all cases which are set for sentencing upon a
conviction for an offense which occurred after
November 1, 1987, the provisions of Fed. R.
Crim. P. 32(b) and the following procedure shall
apply except as otherwise ordered by the court:
(a)
Unless waived by the defendant, not less than
thirty-five (35) calendar days before the date
set for sentencing the probation officer must
furnish the pre-sentence report referenced in
Fed._R._Crim._P._32 to the defendant, the
defendant's counsel, and the attorney for the
United States.
(b)
Within fourteen (14) calendar days after
receiving the pre-sentence report, the parties
shall communicate in writing with each other and
to the probation officer any objections to the
pre-sentence report that will affect the
probation officer's recommendation to the court.
After receiving the objections, the probation
officer may meet with the parties and revise the
report before submitting the report to the
court.
(c)
The pre-sentence report and any addenda and
revision(s) shall be submitted to the court not
later than seven (7) court days before the
sentencing hearing. Any revisions or addenda
shall also be provided to the parties.
(d)
A sentencing memorandum addressing any
unresolved objections to the pre-sentence report
or other sentencing issues shall be filed by
either party and served upon opposing counsel
and the United States Probation Office not later
than five (5) court days before the sentencing
hearing. Any response by the parties to the
sentencing memorandum must be filed and served
not later than three (3) court days prior to the
date set for sentencing.
LCR 35-1. MOTIONS AND RESPONSES PURSUANT TO FED.
R. CRIM. P. 35.
When a defendant files a motion for modification
of sentence pursuant to Fed. R. Crim. P._35, the
defendant shall serve the same upon the United
States, and the United States shall be required
to file and serve a response within twenty (20)
calendar days thereafter. In regard to such
motions, reference is also made to LSR 4-1.
LCR 44-1. APPOINTMENT OF COUNSEL.
For
procedures governing appointment of counsel see
the Plan for Administration of the Criminal
Justice Act of 1964, as Amended, which has been
adopted by the District of Nevada. A copy of the
Plan may be obtained from the clerk of the
court.
LCR 44-2. DESIGNATION OF RETAINED COUNSEL.
Except for the Federal Public Defender and
attorneys appointed by the court, no attorney
shall be considered by the court as an attorney
of record for a defendant in a criminal case
until after there shall be filed with the clerk
a written designation of retained counsel,
signed by the defendant and the attorney. A copy
thereof shall be served upon the United States
Attorney.
LCR 45-1. REQUESTS FOR CONTINUANCE, EXTENSION OF
TIME OR
(a) Every
motion requesting a continuance, extension of
time, or order shortening time shall be “Filed”
by the clerk and processed as an expedited
matter.
Ex parte motions
and stipulations shall be governed by LCR 45-3.
(b)
Every motion or stipulation to extend time
shall inform the court of any previous
extensions granted and state the reasons for the
extension requested. A request made after the
expiration of the specified period shall not be
granted unless the moving party, attorney, or
other person demonstrates that the failure to
act was the result of excusable neglect.
Immediately below the title of such motion or
stipulation there shall also be included a
statement indicating whether it is the first,
second, third, etc., requested extension, i.e.:
STIPULATION FOR EXTENSION OF TIME TO FILE
MOTIONS
(First
Request)
(c)
The court may set aside any extension obtained
in contravention of this rule.
(d)
A stipulation or motion seeking to extend the
time to file an opposition or final reply to a
motion, or to extend the time fixed for hearing
a motion, must state in its opening paragraph
the filing date of the motion.
LCR 45-2. STIPULATIONS GENERALLY.
All
stipulations except those made on the record
shall be served on all other parties who have
appeared and shall not be effective until
approved by the court.
LCR 45-3. REQUIRED FORM OF ORDER FOR
STIPULATIONS AND
EX PARTE
(a) Any
stipulation or
ex parte motion
requesting a continuance, extension of time, or
order shortening time, and any other stipulation
requiring an order shall not initially be
“Filed” by the clerk, but shall be marked
“Received.” Every such stipulation or
ex parte motion
shall include an “Order” in the form of a
signature block on which the court can endorse
approval of the relief sought. This signature
block shall not be on a separate page, but shall
appear approximately one inch (1_) below the
last typewritten matter on the right-hand side
of the last page of the stipulation or
ex parte motion,
and shall read as follows:
“IT
IS SO ORDERED:
[UNITED STATES DISTRICT JUDGE,
UNITED STATES MAGISTRATE JUDGE,
(whichever is appropriate)]
DATED:
”
(b)
Upon approval, amendment or denial, the
stipulation or
ex parte motion
shall be filed and processed by the clerk in
such manner as may be necessary
LCR 45-4. CONTINUANCE OF TRIAL DATE - SPEEDY
TRIAL ACT.
A
request to continue a trial date, whether by
motion or stipulation, will not be considered
unless it sets forth in detail the reasons why a
continuance is necessary and the relevant
statutory citations regarding excludable periods
of delay, if any, under the Speedy Trial Act,
18_U.S.C._§_3161(h). The request must be
accompanied by a proposed order that contains
factual findings and relevant statutory
citations, if any.
LCR 46-1. APPEARANCE BONDS.
Any
person admitted to bail shall be required to
execute an appearance bond in a form approved by
the court.
LCR 46-2. QUALIFICATION OF SURETY.
Except for personal recognizance bonds and bonds
secured by cash or negotiable bonds or notes of
the United States as provided for in LCR 46-3,
every bond must have as surety:
(a)
A corporation authorized by the United States
Secretary of the Treasury to act as surety on
official bonds under 31 U.S.C. §§_9304 through
9306; or
(b)
A corporation authorized to act as surety under
the laws of the State of Nevada, which
corporation shall have on file with the clerk a
certified copy of its certificate of authority
to do business in the State of Nevada, together
with a certified copy of the power of attorney
appointing the agent authorized to execute the
bond;
(c)
One or more individuals each of whom owns real
or personal property sufficient to justify the
full amount of the suretyship; or
(d)
Such other security as the court shall order.
LCR 46-3. DEPOSIT OF MONEY OR UNITED STATES
OBLIGATION IN LIEU
OF SURETY.
Upon order of the court, there may be deposited
with the clerk in lieu of surety:
(a)
Lawful money accompanied by an affidavit that
identifies the legal owner thereof; or
(b)
Negotiable bonds or notes of the United States
accompanied by an executed agreement as required
by 31 U.S.C. § 9303(a)(3), authorizing the clerk
to collect or sell the bonds or notes in the
event of default.
LCR 46-4. APPROVAL BY THE COURT.
An
appearance bond shall require the approval of a
judicial officer. An approved appearance bond
shall be immediately forwarded to the clerk for
filing together with any money deposited with
that judicial officer as security.
LCR 46-5. PERSONS NOT TO ACT AS SURETIES.
No
officer of this court nor any member of the bar
of this court nor any nonresident attorney
specially admitted to practice before this court
nor their office associates or employees shall
act as surety in this court.
LCR 46-6. JUDGMENT AGAINST SURETIES.
Regardless of what may be otherwise provided in
any security instrument, every surety who
provides a bond or other undertaking for filing
with this court thereby submits to the
jurisdiction of the court and irrevocably
appoints the clerk as agent upon whom any paper
affecting liability on the bond or undertaking
may be served. Liability shall be joint and
several and may be enforced summarily without
independent action. Service may be made upon the
clerk who shall forthwith mail a copy to the
surety at the last known address.
LCR 46-7. FURTHER SECURITY OR JUSTIFICATION OF
PERSONAL SURETIES.
At
any time, upon reasonable notice to all other
parties, any party for whose benefit a bond is
presented may apply to the court for further or
different security or for an order requiring
personal sureties to justify.
LCR 46-8. INVESTMENT OF FUNDS ON DEPOSIT.
(a)
Funds on deposit in the Registry Account of the
court pursuant to 28 U.S.C. §_2041 will not be
invested in the absence of an order by the
court. All motions or stipulations for an order
directing the clerk to invest Registry Account
funds in an interest bearing account shall
contain the following:
(1)
The name of the bank or financial institution
where the funds are to be invested;
(2)
The type of account or instrument and the terms
of investment where a timed instrument is
involved; and
(3)
Language that either
(A)
Directs the clerk to deduct from income earned
on the investment a fee, not exceeding that
authorized by the Judicial Conference of the
United States and set by the Director of the
Administrative Office; or
(B)
States affirmatively the investment is being
made for the benefit of the United States and,
therefore, no fee shall be charged.
(b)
Counsel obtaining an order under these rules
shall cause a copy of the order to be served
personally upon the clerk or the chief deputy
and the financial deputy. A supervisory deputy
clerk may accept service on behalf of the clerk,
chief deputy or financial deputy in their
absence.
(c)
The clerk shall take all reasonable steps to
deposit funds into interest bearing accounts or
instruments within, but not more than, fifteen
(15) days after having been served with a copy
of the order for such investment.
(d)
Any party who obtains an order directing
investment of funds by the clerk shall, within
fifteen (15) days after service of the order on
the clerk, verify that the funds have been
invested as ordered.
(e)
Failure of the party or parties to personally
serve the clerk, the chief deputy and financial
deputy, or in their absence a supervisory deputy
clerk with a copy of the order, or failure to
verify investment of the funds, shall release
the clerk from any liability for the loss of
earned interest on such funds.
(f)
It shall be the responsibility of counsel to
notice the clerk regarding disposition of funds
at maturity of a timed instrument. In the
absence of such notice funds invested in a timed
instrument subject to renewal will be reinvested
for a like period of time at the prevailing
interest rate. Funds invested in a timed
instrument not subject to renewal will be
re-deposited by the clerk into the Registry
Account of the court which is a
non-interest-bearing account.
(h)
Any change in terms or conditions of an
investment shall be by court order only and
counsel will be required to comply with LCR
46-8(a) and (b).
LCR 46-9. EXONERATION OF BONDS.
(a)
Upon exoneration of any bond involving the
deposit of cash bail funds in the court's
Registry Account, the clerk shall make refund of
such funds solely to the person denominated
legal owner at the time the funds were deposited
with and received by the clerk.
(b)
No assignment of any deposited cash bail funds
in the court's Registry Account shall be
effective for refund purposes by the clerk
unless the person denominated legal owner of
such fund at the time of deposit, as assignor,
files with the clerk an executed, notarized
acknowledgement of the assignment of any such
funds.
(c)
Upon order of the court, the clerk shall apply
any cash bail funds of which the defendant is
legal owner of record, whether invested or on
deposit in the Registry Account, to the payment
and satisfaction of any court-imposed fine. Said
payment shall take place before either making
refund of the remainder of such cash bail funds,
if any, to said defendant or to any extent
honoring a defendant's assignment of such funds.
LCR 47-1. MOTIONS.
All
motions, unless made during a hearing or trial,
shall be in writing and served on all other
parties who have appeared.
LCR 47-2.
EX PARTE MOTIONS.
(a)
All
ex parte motions,
applications or requests shall contain a
statement showing good cause why the matter was
submitted to the court without notice to all
parties; and
(b)
All
ex parte matters
shall state the efforts made to obtain a
stipulation and why a stipulation was not
obtained.
LR 47-3.
EX PARTE COMMUNICATIONS.
(a)
No party nor counsel for any party shall make an
ex parte communication
with the court except as specifically permitted
by these rules.
(b)
Any party, counsel or those acting
in
pro se,
may submit and serve a letter to the court at
the expiration of sixty (60) days after any
matter has been, or should have been, submitted
to the court for decision if the court has not
entered its written ruling.
LCR 47-4.
IN CAMERA SUBMISSIONS
AND SEALING OF DOCUMENTS.
Papers submitted for
in
camera inspection
shall have a captioned cover sheet complying
with LCR 47-6 that indicates the document is
being submitted in
camera and shall be
accompanied by an envelope large enough for the
in camera papers
to be sealed in without being folded.
LCR 47-5. FORM OF PAPERS GENERALLY.
(a)
Any paper filed that does not conform to an
applicable provision of these rules or any
Federal Rule of Criminal Procedure may be
stricken.
(b)
Papers presented for filing shall be flat,
unfolded, firmly bound together at the top,
pre-punched with two (2) holes, centered 2¾_
apart, ½_ to
5/8_
from the top edge of the paper and on 8½_ x 11_
paper. Except for exhibits, quotations, the
caption, title of the court and the name of the
case, lines of typewritten text shall be
double-spaced, and except for the title page,
shall begin at least 1½_ from the top of the
page. All handwriting shall be legible, and all
typewriting shall be of a size which is either
not more than ten (10) characters per linear
inch or not less than twelve (12) points for
proportional spaced fonts or equivalent. All
quotations longer than one (1) sentence shall be
indented. All pages of each pleading or other
paper filed with the court (exclusive of
exhibits) shall be numbered consecutively.
LCR 47-6. CAPTION, TITLE OF COURT AND NAME OF
CASE.
The
following information shall be stated upon the
first page of every paper presented for filing,
single-spaced::
(a)
The name, address, telephone number, fax number
and Nevada State Bar number, if any, of the
attorney and any associated attorney filing the
paper, whether such attorney appears for the
plaintiff, defendant or other party, or the
name, address and telephone number of a party
appearing
in pro se.
This information shall be set forth in the space
to the left of center of the page beginning at
the top of the first page. The space to the
right of center shall be reserved for the filing
marks of the clerk.
(b)
The title of the court shall appear at the
center of the first page at least one inch (1_)
below the information required by subsection (a)
of this rule, as follows:
UNITED
STATES DISTRICT COURT
DISTRICT
OF NEVADA
(c)
The name of the action or proceeding shall
appear below the title of the court, in the
space to the left of center of the paper, i.e.:
UNITED STATES OF AMERICA )
)
Plaintiff, )
)
vs.
)
)
RICHARD ROE, )
)
Defendant.
)
(d)
In the space to the right of center, there shall
be inserted the docket number which shall
include a designation of the nature of the case
(“CR” for criminal), the division of the court
(“S” for Southern and “N” for Northern) and,
except for the original pleading, the case
number and the initials of the presiding
district judge followed in parentheses by the
initials of the magistrate judge if one has been
assigned. This information shall be separated by
dashes. For example: CR-N-95-115-HDM-(PHA).
(e)
Immediately below the caption and the docket
number there shall be inserted the name of the
paper and whenever there is more than one
defendant a designation of the parties affected
by it, e.g., Defendant Richard Roe's Motion for
Disclosure of Confidential Informant.
LCR 47-7. LIMITATION ON
LENGTH OF BRIEFS AND POINTS AND
AUTHORITIES, AND REQUIREMENT FOR INDEX AND
TABLE OF AUTHORITIES.
Unless otherwise ordered by the court, pretrial
and post-trial briefs and points and authorities
in support of, or in response to, motions shall
be limited to thirty (30) pages including the
motion but excluding exhibits. Reply briefs and
points and authorities shall be limited to
twenty (20) pages, excluding exhibits. Where the
court enters an order permitting a longer brief
or points and authorities, the papers shall
include an index and table of authorities.
LCR 47-8. CITATIONS OF
AUTHORITY.
(a)
References to an act of Congress shall include
the United States Code citation, if available.
When a federal regulation is cited, the Code of
Federal Regulations title, section, page, and
year shall be given.
(b)
When a Supreme Court decision is cited, the
citation of the United States Reports shall be
given. When a decision of a court of appeals, a
district court, or other federal court has been
reported in the Federal Reporter System, that
citation shall be given. When a decision of a
state appellate court has been reported in
West's National Reporter System, that citation
shall be given. All citations shall include the
specific page or pages upon which the pertinent
language appears.
LCR 47-9. FAILURE TO
FILE POINTS AND AUTHORITIES.
The
failure of a moving party to file points and
authorities in support of the motion shall
constitute a consent to the denial of the
motion. The failure of an opposing party to file
points and authorities in response to any motion
shall constitute a consent to the granting of
the motion.
LCR 47-10. EXHIBITS.
All
exhibits attached to papers shall show the
exhibit number at the bottom thereof. Exhibits
need not be typewritten and may be copies, but
must be clearly legible and not unnecessarily
voluminous. Counsel must reduce oversized
exhibits to 8½_ x 11_ unless such reduction
would destroy legibility or authenticity. An
oversized exhibit that cannot be reduced shall
be filed separately with a captioned cover
sheet, identifying the exhibit and the
document(s) to which it relates.
LCR 47-11. PROOF OF
SERVICE.
(a)
All papers required or permitted to be served
shall, at the time they are presented for
filing, be accompanied by written proof of
service. The proof shall show the day and manner
of service and may be by written acknowledgment
of service or written certificate by the person
who served the papers. The court will not take
action on any papers until proof of service is
filed. If an acknowledgment or certificate of
service is attached to a paper presented for
filing, it shall be attached underneath.
(b)
Failure to make the proof of service required by
this rule does not affect the validity of the
service. Unless material prejudice would result,
the court may at any time allow the proof of
service to be amended or supplied.
LCR 47-12. SUBMISSION
OF MOTIONS TO THE COURT.
After all motion papers are filed or the time
period therefor has expired all motions shall be
submitted by the clerk to the court for decision
unless the party who made the motion files a
written withdrawal of the motion.
LCR 55-1. FILES AND
EXHIBITS - CUSTODY AND WITHDRAWAL.
(a)
All files and records of the court shall remain
in the custody of the clerk, and no record or
paper belonging to the files of the court shall
be taken from the custody of the clerk without
written permission of the court and then only
after a receipt has been signed by the person
obtaining the record or paper.
(b)
The clerk shall mark and have safekeeping
responsibility for all exhibits marked and
identified at trial or hearing. Unless there is
some special reason why the originals should be
retained, the court may order exhibits to be
returned to the party who offered the same upon
the filing of true copies thereof in place of
the originals.
(c)
Unless otherwise ordered by the court in a
particular case, the clerk shall continue to
have custody of the exhibits until the judgment
has become final and the time for filing a
notice of appeal and motion for a new trial has
passed, or appeal proceedings have terminated,
but in no event sooner than two (2) years after
the mandate issues or the appeal is otherwise
terminated.
(d)
Where no appeal is taken, after final judgment
has been entered and the time for filing a
notice of appeal and motion for a new trial has
passed, or upon the filing of a stipulation
waiving the right to appeal and to a new trial,
any party may upon twenty (20) days' prior
written notice to all parties withdraw any
exhibit originally produced by it unless some
other party or person files prior notice with
the clerk of a claim to the exhibit. If such a
notice of claim is filed the clerk shall not
deliver the exhibit except with the written
consent of both the party who produced it and
the claimant or until the court has determined
the person entitled thereto.
(e)
If exhibits are not withdrawn within twenty (20)
days after notice by the clerk to the parties to
claim the same the clerk shall, upon order of
the court, destroy or make other disposition as
the court may direct of any such exhibits. |