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UNITED STATES DISTRICT/BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO

U.S. FEDEAL BUILDING & COURTHOUSE
550 W FORT ST, MSC 042
BOISE ID 83724

ANNOUNCEMENT TO ATTORNEYS AND THE PUBLIC

REVISED AND ADOPTED DISTRICT COURT LOCAL RULES

Effective August 1, 1997
Revisions are incorporated into the rules that were already in effect and are so noted at the bottom of the page with the date of revision.

On December 1, 1994 Criminal Rule No. 32.0 was revised. Appendix revision dated December 18, 1996.

Please note that the rules have been numbered in conformity with a Uniform Rules Numbering System and pages are not numbered numerically, but have the rule number at the top and bottom of each page. This will enable a cleaner method of inserting updates in your printed copy or office computer system.

Copies for public viewing are available at the Boise clerks office, Room 400; and at the divisional offices in Coeur d'Alene, Moscow and Pocatello.

The Rules are available on the Court's FEDNET BBS using a PC with a modem and communications software. You can dial 334-9476 using your computer, register yourself and download the rules. If you prefer, the Clerk's office can provide a copy in WordPerfect (IBM) format if you will provide one formatted 3.5" double-sided high density diskette.

Requests for local rules on diskette should be sent to Ladora Butler at the above address. Please provide an addressed stamped diskette mailer for return mail.

We welcome your comments and suggestions which will be forwarded to the Rules Committee. Thank you.


INDEX

PART 1. CIVIL RULES AND GENERAL PROVISIONS

PART 2. CRIMINAL RULES

PART 3. APPENDIXES



PART 1. CIVIL RULES AND GENERAL PROVISIONS

Section I. Scope of Rules - One Form of Action.

Rule 1.1    Scope of Rules 

Rule 1.2    Availability of the Local Rule 

Rule 1.3    Sanctions 

Section II. Commencement of Action; Service of Process, Pleadings, Motions, and Orders.

Rule 3.1    Venue 

Rule 5.1    General Format of Papers Presented for Filing 

Rule 5.2    Proof of Service when Service is Required by Fed. R. Civ. P. 5. 

Rule 5.5    Non-filing of Discovery 

Section III. Pleadings and Motions.

Rule 6.1    Requests and Orders To Shorten or Extend Time or Continue Trial Dates 

Rule 7.1    Motion Practice 

Rule 7.2    Ex Parte Orders 

Rule 7.3    Stipulations 

Rule 9.1    Social Security Number in Social Security Cases 

Rule 9.3    Non-Capital Case Habeas Petitions (State Custody) and Motions (Federal Custody) 

Rule 9.4    Special Requirements for Habeas Corpus Petitions Involving the Death Penalty 

Rule 15.1   Form of a Motion to Amend and Its Supporting Documentation 

Rule 16.1   Pre-Trial Procedures 

Rule 16.2  Settlement Conferences 

Section IV. Parties.

Rule 17.1   Infants and Incompetent Persons 

Section V. Depositions and Discovery.

Rule 26.1   Form of Certain Discovery Documents 

Rule 26.2   Disclosures

Rule 30.1   Limitation of Deposition 

Rule 33.1   Limits on Interrogatories 

Rule 37.1   Discovery Disputes 

Rule 37.2   Form of Discovery Motions 

Section VI. Trials.

Rule 38.1   Notation of "Jury Demand" in the Pleading 

Rule 39.1   Opening Statements and Closing Arguments 

Rule 40.1   Assignment of Cases 

Rule 41.1   Dismissal of Actions 

Rule 43.1   Examination of Witnesses 

Rule 47.1   Voir Dire of Jurors 

Rule 51.1   Instructions to Jury 

Section VII. Judgment.

Rule 54.1   Taxation of Costs 

Rule 54.2   Jury Cost Assessment 

Rule 54.3   Award of Attorney's Fees 

Rule 56.1   Summary Judgment Procedure 

Rule 58.1   Entry of Judgment 

Rule 58.2   Satisfaction of Judgment 

Rule 62.2   Supersedeas Bonds 

Section VIII. Provisional and Final Remedies and Special Proceedings.

Rule 65.1.1 Security; Proceedings Against Sureties 

Rule 65.1.2 Bonds and Other Sureties 

Rule 67.1   Deposits 

Rule 67.2   Withdrawal of a Deposit Pursuant to Fed. R. Civ. P. 67 

Rule 71A.1  Condemnation Cases 

Rule 72.1   Magistrate Judges 

Rule 73.1   Reassignment of Civil Cases to a Magistrate Judge upon the Consent of the Parties 

Section X. District Courts and Clerks.

Rule 77.1   Hours of the Court 

Rule 77.2   Orders and Judgments Grantable by the Clerk 

Rule 77.4   Sessions of the Court 

Rule 77.6   Court Library 

Rule 77.7   Ex Parte Communication with Judges 

Rule 79.1   Custody of Files and Exhibits 

Section XI. General Provisions.

Rule 81.1   Removal Actions - State Court Records

Rule 83.1   Free Press - Fair Trial Provisions 

Rule 83.2   Courtroom and Courthouse Decorum 

Rule 83.3   Security in the Courthouse 

Rule 83.4   Bar Admission 

Rule 83.5   Attorney Discipline 

Rule 83.6   Appearance and Substitution of Parties 

PART 2. CRIMINAL RULES

CR 11.1   Pleas 

CR 12.1   Procedural Orders and Motions 

CR 16.0   Non-Filing of Discovery in Criminal Cases 

CR 17.1.1 Pretrial Conferences 

CR 28.1   Interpreters 

CR 30.1   Pretrial Briefs and Jury Instructions 

CR 32.1   Investigative Reports by United States Probation and Parole Office 

CR 44.1   Right to and Appointment of Counsel 

CR 46.1   Release from Custody/Bail 

CR 46.2   Pretrial Services 

CR 57.1   Release of Information by Attorneys in Criminal Cases 

CR 57.2   Violation Notices, Forfeiture of Collateral in Lieu of Appearance

CR 58.1   Assignment of Criminal Matters to Magistrate Judges 

CR 58.2   Appeal from Conviction 

 

PART 3. APPENDIXES

I. FEE SCHEDULE

II. JURY SELECTION PLAN, CRIMINAL JUSTICE ACT PLAN, AND PLAN FOR PROMPT DISPOSITION OF CRIMINAL CASES

III. RATE FOR COMPENSATION OF COUNSEL APPOINTEDUNDER 21 U.S.C. § 848(a)

IV. OUT-OF-COURT INTERPRETER RATE OF PAY - CJA Funds

V. TRANSCRIPT FEES

VI. TELEPHONE LIST OF DISTRICT COURT JUDGES; CLERK and PROBATION & PAROLE OFFICE

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