PART 2 - CRIMINAL RULES


CRIMINAL RULE 1.1

SCOPE

(a) Title and Citation. These rules shall be known as the Local Rules of Criminal Practice before the United States District Court for the District of Idaho. They may be cited as "D. Id. L. Crim. R. _____."

(b) Effective Date. These rules became effective on June 1, 1991. Any amendment to these rules become effective on the date approved by the court.

(c) Scope of Rules. These rules shall apply to all criminal proceedings in the District of Idaho.

(d) Relationship to Prior Rules; Actions Pending on Effective Date. These rules supersede all previous rules promulgated by this court or any judge of this court. They shall govern all applicable proceedings brought in this court after they take effect. They also shall apply to all proceedings pending at the time they take effect, except to the extent that in the opinion of the court the application thereof would not be feasible or would work an injustice, in which event the former rules shall govern.

(e) Rule of Construction and Definitions.

(1) United States Code, Title 18, Sections 3771 and 3772, shall, as far as applicable, govern the construction of these rules.

(2) The following definitions shall apply:

(A) "Court." As used in these rules, the term "court" refers to the United States District Court of the District of Idaho, the entire board of judges for the District of Idaho, or to a judge or magistrate judge of the court before whom a proceeding is pending unless the rule expressly refers to a district judge only or to the full court.

(B) "Clerk." As used in these rules, the term "clerk" refers to the Clerk of Court or any deputy clerk designated by the Clerk of Court to act in the capacity of clerk.

(f) Applicability of Local Rules of Civil Practice. All general provisions of the Local Rules of Civil Practice apply to criminal proceedings unless such provisions are in conflict with or are otherwise provided for by the Federal Rules of Criminal Procedure or the Local Rules of Criminal Practice.

 

Revised 8/1/97

RELATED AUTHORITY

None


CRIMINAL RULE 11.1

PLEAS

(a) Changing Not Guilty Plea. Except where there has been filed with the court a written waiver of jury trial or upon a showing of good cause, the following pleas shall not be accepted on the day of trial unless the court has been advised of the defendant's desire to enter such a plea at least two (2) days prior to the day of trial:

(1) A plea of guilty to a lesser offense;

(2) A plea of guilty to a superseding information;

(3) A plea of guilty to less than all counts in the indictment; or

(4) A plea of guilty to all counts contained in the indictment accompanied by the United States Attorney's recommendation of leniency at sentencing or other such recommendation.

(b) Impositions of Costs. Failure of counsel to comply with this rule which results in non-utilization of a jury that has been called for the case, may result in the assessment of jury costs to the offending party or his or her attorney.

RELATED AUTHORITY

Fed. R. Cr. P. 11


CRIMINAL RULE 12.1

PROCEDURAL ORDERS AND MOTIONS

(a) Procedural Orders. At the arraignment, the magistrate judge or district judge shall set cutoff dates for the filing of requests for discovery, pretrial motions, and submission of jury instructions in accordance with General Order No. 124. These dates will be strictly adhered to unless an extension of time is granted by the court upon good cause shown.

(b) Motions. Criminal motions shall be served upon the adverse party, or his or her attorney, and filed with the Clerk of Court. Each motion shall be accompanied by a separate written memorandum containing all the reasons in support thereof, including the points and authorities in support of the motion, if the legal authority is relevant to the particular motion, along with copies of all documentary evidence relied upon. Each party opposing the motion shall serve upon the adverse party, or his or her attorney, and file with the clerk a memorandum containing all the reasons in opposition thereto, including the points and authorities relied upon and copies of all documentary evidence upon which the party in opposition relies; or a written statement that he or she will not oppose the motion. All response memoranda to pretrial motions, if any, shall be filed with the Clerk of Court on or before the fourteenth (14th) day following the filing of any pretrial motion. All reply memoranda to pretrial motion responses shall be filed with the Clerk of Court on or before the seventh (7th) day following the filing of such responses. An additional copy of all briefs shall be submitted to the Clerk of Court for use by the court. If the adverse party has no opposition to the motion, such shall be promptly communicated to the court. In the event an adverse party fails to file any responsive documents in a timely manner, such failure may be deemed by the court to constitute a consent to the sustaining of said pleadings or the granting of such motions.

(c) Proposed Orders. The moving party shall submit to the court at the time the motion is filed proposed orders accompanied by envelopes with sufficient postage, addressed to all parties, including a certificate of service as follows reflecting the envelopes provided:

CERTIFICATE OF SERVICE

I HEREBY CERTIFY That on this _____ day of ________, 19____, I served true and correct copies of the foregoing ORDER ______________________________ by United States mail, postage prepaid, to the following:

____________________
____________________
____________________

_________________________

Deputy Clerk

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Cr. P. 12 and 47

General Order No. 124


CRIMINAL RULE 16.0

NON-FILING OF DISCOVERY IN CRIMINAL CASES

All written requests for notice or discovery under Fed. R. Cr. P. 12 and 16 and all responses thereto shall be filed with the Clerk of Court unless otherwise ordered. However, copies of documents and other items of discovery attached to or included with a response to discovery or notice request may be retained by the party who prepared the response and need not be attached to the original response filed with the clerk.

RELATED AUTHORITY

NONE


CRIMINAL RULE 17.1.1

PRETRIAL CONFERENCES

On request of any party or on his or her own motion, the assigned judge, or a designated magistrate judge, may hold one or more pretrial conferences in any criminal action or proceeding. At the discretion of the judge, the conference may be informal or formal. The defendant shall have the right to be present at any formal pretrial conference held on the record, unless the right is waived. The agenda at the pretrial conference shall consist of any of the following items, to the extent consistent with applicable statutes, i.e., Jencks Act, 18 U.S.C. 3500, and the Federal Rules of Criminal Procedure. The court may add other items to the agenda if they would tend to promote the fair and expeditious trial of the action or proceedings:

(a) Production of statements or reports of witnesses;

(b) Production of grand jury testimony of witnesses intended to be called at the trial;

(c) Stipulation of facts which may be deemed proved at the trial without further proof by either party;

(d) Dismissal of certain counts and elimination from the case of certain issues;

(e) Severance of trial as to any co-defendant or joinder of any related case;

(f) Pretrial exchange of lists of witnesses, including experts, intended to be called in person or by deposition to testify at trial, except those who may be called only for impeachment or rebuttal;

(g) Pretrial exchange, with opportunity for mutual inspection of lists of documents, exhibits, summaries, schedules, models, or diagrams intended to be offered or used at trial;

(h) Premarking of intended trial exhibits, except for impeachment and rebuttal materials. No exhibit is to be assigned a number without first contacting the clerk, and the exhibits shall remain in the same sequence as they appear on the exhibit list;

(i) Pretrial resolution of objections to exhibits or testimony to be offered at trial;

(j) Preparation of trial briefs on disputed points of law likely to arise at trial; or

(k) Any other matter which may tend to promote a fair and expeditious trial.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Cr. P. 11


CRIMINAL RULE 28.1

INTERPRETERS

(a) Courtroom Proceedings. Only officially designated interpreters may interpret official courtroom proceedings. Regardless of the presence of a private interpreter, such official interpreter must interpret all proceedings in the courtroom.

(b) Out-of-Court Proceedings. Official interpreters shall also be available when needed to interpret at interviews between the attorney and his or her non-English speaking client.

(c) Compensation for Out-of-Court Interpreters. See Appendix IV.

Court appointed attorneys may claim up to $300 in interpreter fees and be reimbursed provided they attach all pertinent interpreter bills to said voucher.

RELATED AUTHORITY

Fed. R. Cr. P. 28


CRIMINAL RULE 30.1

PRETRIAL BRIEFS AND JURY INSTRUCTIONS

(a) Trial Briefs. Unless otherwise ordered by the court, counsel for the government and for each defendant may file a trial brief not less than five (5) calendar days prior to the date on which the trial is scheduled to commence. Copies shall be provided for the trial judge and adverse counsel. The brief should set forth any reasonably foreseeable point of law bearing on the issues upon which either party relies and the foreseeable evidentiary problems that are unusual or which otherwise require support, with citation of relevant statutes, ordinances, rules, cases, or other authorities.

(b) Jury Instructions. Jury instructions shall be filed pursuant to D. Id. L. Civ. R. 51.1.

RELATED AUTHORITY

Fed. R. Cr. P. 30


CRIMINAL RULE 32.1

INVESTIGATIVE REPORTS BY UNITED STATES PROBATION OFFICE

(a) Presentence Report Confidentiality.

(1) The presentence report is a confidential document and not available for public inspection. During the sentencing hearing, it will be filed with the Clerk of Court under seal. It also shall not be reproduced or copies distributed to other agencies or other individuals unless permission is granted by the court or the Chief United States Probation Officer.

(2) In addition to the presentence report, the probation officer will submit a separate document entitled "Sentencing Recommendation" to the Court. It shall be confidential and not disclosed to the government or to the defendant, or defendant's counsel or to any other person or party.

(b) Presentence Report.

(1) The court will set a date of sentencing to occur no less than seventy (70) days following the entry of a guilty plea or nolo contendere plea or verdict of guilty. At the time the sentencing date is set, the court will advise counsel and the probation office of the dates the presentence report will be disclosed to counsel, the date counsel is to submit any objections to the probation office, the date on which the presentence report, and any amendments thereto, will be submitted to the court and counsel. Should counsel or the probation office be unable to comply with the court's specified dates, they will notify the court forthwith and request a continuance of the sentencing hearing. It is contemplated that in most circumstances, the court will not formally accept a finding of guilty of a plea until after review of the presentence report.

(2) The probation officer shall provide timely notification to counsel of the date and place of the initial and subsequent interviews for the presentence report. Counsel shall be provided a reasonable opportunity to attend any interview of the defendant during the course of the presentence investigation.

(3) In the event a plea agreement has been entered into between the attorney for the government and the attorney for the defendant, it must be reduced to writing and submitted to the court prior to entry of the plea of guilty or nolo contendere.

(4) Not less than thirty-five (35) days prior to the date of sentencing, on the date specified by the court, the probation officer shall disclose the presentence investigation report to the defendant and to counsel for the defendant and the government. Within fourteen (14) days thereafter, on the date specified by the court, counsel shall file with the Clerk of Court and submit a copy to the probation officer any objections they may have as to any material information, sentencing classifications, sentencing guideline ranges, and policy statements contained in or omitted from the report.

(5) After receiving counsel's objections, the probation officer shall conduct any further investigation and make any revisions to the presentence report that may be necessary. The probation officer may request counsel for both parties to meet with the probation officer to discuss unresolved factual and legal issues.

(6) Seven (7) days prior to the date of the sentencing hearing, on the date specified by the court, the probation officer shall submit the presentence report to the sentencing judge. The report shall be accompanied by an addendum setting forth any objections counsel may have made that have not been resolved, together with the officer's comments thereon. The probation officer shall certify that the contents of the report, including any revisions thereof, have been disclosed to the defendant and to counsel for the defendant and the government; that the content of the addendum has been communicated to counsel; and that the addendum fairly states any remaining objections.

(7) Except with regard to any objection made under subdivision (a) that has not been resolved, the report of the presentence investigation may be accepted by the court as accurate. The court, however, for good cause shown, may allow a new objection to be raised at any time before the imposition of sentence. In resolving disputed issues of fact, the court may consider any reliable information presented by the probation officer, the defendant, or the government.

(8) The times set forth in this rule may be modified by the court for good cause shown, except that the fourteen-(14)-day period set forth in subsection (4) may be diminished only with the consent of the defendant.

(9) Nothing in this rule requires the disclosure of any portions of the presentence report that are not disclosable under Fed. R. Cr. P. 32.

(10) The presentence report shall be deemed to have been disclosed (i) when a copy of the report is physically delivered, (ii) one (1) day after the report's availability for inspection is orally communicated, or (iii) three (3) days after a copy of the report or notice of its availability is mailed.

(c ) Confidentiality of Probation Records.

(1) Investigative reports and supervision records of this court maintained by the probation office are confidential and not available for public inspection. The Chief Probation Officer may disclose these records to federal, state, or local courts; correctional and law enforcement agencies; or paroling authorities who have a legal, investigative, or custodial interest in that individual.

(2) Any party, other than those defined in subsection 1, seeking access to the confidential records maintained by the probation office shall do so by written petition to the court establishing with particularity the need for specific information in the records.

(d) Rule Not to Supersede or Void Provisions of Fed. R. Cr. P. 32(c) Nothing in this rule shall be construed to supersede or void the provisions of Fed. R. Cr. P. 32(c).

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Cr. P. 32


CRIMINAL RULE 44.1

RIGHT TO AND APPOINTMENT OF COUNSEL

(a) Right to and Appointment of Counsel. Attorneys may be appointed for indigent parties in a criminal proceeding including pretrial diversion and parole revocation hearings. If a defendant, appearing without counsel in a criminal proceeding, desires to obtain his or her own counsel, a reasonable continuance for arraignment shall be granted for that purpose. If the defendant requests appointment of counsel by the court or fails for an unreasonable time to appear with his or her own counsel, the assigned judge or magistrate judge shall, subject to the applicable financial eligibility requirements, appoint counsel unless the defendant advises the court that he or she wishes to represent himself pro se. Any financial affidavit submitted with the application for appointment of counsel shall be sealed by the clerk. If a defendant desires to represent himself and proceed without counsel, he or she shall sign and file a written waiver of right to counsel. The district judge or magistrate judge may nevertheless designate counsel to advise and assist the defendant to the extent defendant might thereafter desire. Appointment of counsel shall be made in accordance with the plan of this court adopted pursuant to the Criminal Justice Act of 1964 and on file with the clerk.

(b) Appearance and Withdrawal of Counsel. An attorney who has appeared for a defendant may thereafter withdraw only upon notice to the defendant and all parties to the case and after order of the court finding good cause exists and granting leave to withdraw. Failure of a defendant to pay agreed compensation shall not alone be deemed sufficient cause.

Unless such leave is granted, the attorney shall continue to represent the defendant until the case is dismissed or the defendant is acquitted. In the event the defendant is convicted, unless leave is granted, the attorney shall continue to represent the defendant until the time for making post-trial motions and for filing notice of appeal, as specified in Fed. R. App. P. 4(b), has expired. If an appeal is taken, the attorney shall continue to serve until leave to withdraw is granted by that court as provided in 18 U.S.C. 3006A and in "Provisions for the Representation on Appeal of Defendants Financially Unable to Obtain Representation" as adopted by the Judicial Council of the Ninth Circuit.

(c) Pro Hac Vice/Local Counsel. An attorney eligible for admission under D. Id. L. Civ. R. 83.4(a) of the District of Idaho, and who is a member in good standing and eligible to practice before the bar of any United States court or of the highest court of any state or of any territory or insular possession of the United States, who is of good moral character and who has been retained to appear in this court, may, upon written application and in the discretion of the court, be permitted to appear and participate in a particular case and no certificate of admission shall be issued by the Clerk of Court.

The pro hac vice application shall be presented to the Clerk of Court and shall state under penalty of perjury (1) the attorney’s residence and office addresses, (2) by what court(s) the attorney has been admitted to practice and the date(s) of admission, (3) that the attorney is in good standing and eligible to practice in said court(s), and (4) that the attorney is not currently suspended or disbarred in any other court(s). The attorney shall also (1) designate a member of the bar of this court who does maintain an office within this court as co-counsel with the authority to act as attorney of record for all purposes and (2) file with such designation the address, telephone number, and written consent of such designee.

Attorneys not admitted to the bar of this court who, upon the filing of a verified petition for permission to practice in an individual case, are admitted under the conditions prescribed in D. Id. L. Civ. R. 83.4(e), shall be required to pay a fee of One Hundred Dollars ($100.00) for each such pro hac vice application so filed.

The designee shall personally appear with the attorney on all matters heard and tried before this court unless such presence is excused by the court. Original proceedings may be filed by an attorney before admission pro hac vice, but the time for the responsive pleading shall not begin to run until the appearance of associated local counsel is filed with the Clerk of Court.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Cr. P. 44


CRIMINAL RULE 46.1

RELEASE FROM CUSTODY/BAIL

(a) Release from Custody. Eligibility for release prior to and after trial shall be in accordance with 18 U.S.C. 3142, 3143, and 3144.

(b) Bail. If the court sets as a condition of release a monetary bail under the Bail Reform Act, the bond or equivalent security shall comply with Local Rule 67.1 unless the court specifically orders otherwise.

(c ) Motion to Modify Bail. Except as otherwise ordered by a judge of this court, magistrate judges shall, subject to the provisions of 18 U.S.C. 3141, et seq., hear and determine all motions to modify bail.

RELATED AUTHORITY

18 U.S.C. 3142 - 44 Fed. R. Cr. P. 46


CRIMINAL RULE 46.2

PRETRIAL SERVICES

Pursuant to the Pretrial Services Act of 1982 (18 U.S.C. 3152-3155), the court authorizes the United States Probation Office for the District of Idaho to establish a Pretrial Services Division as provided for by the Act.

At the discretion of the Chief United States Probation Officer, personnel within the probation office shall be designated as pretrial service officers pursuant to the Act.

Upon notification that a defendant has been charged with an offense, either felony or misdemeanor, pretrial service officers will conduct a pre-release interview as soon as practicable. The judicial officer setting bail or reviewing a bail determination shall receive and consider all reports submitted by pretrial service officers.

Pretrial service reports shall be made available to the attorneys for the accused and the attorneys for the government and shall be used only for the purpose of fixing conditions of release, including bail determinations. Otherwise, the reports shall remain confidential, as provided in 18 U.S.C. 3153, subject to the exceptions provided therein. In the event a pretrial service report is received in evidence at a hearing on terms and conditions of release, it shall be sealed by the court and not made a matter of public record.

Pretrial service officers shall supervise persons released on bail at the discretion of the judicial officer granting the release or conditions of the release.

The Chief U.S. Probation Officer of the District is authorized to approve interdistrict travel for persons under the supervision of the court.

RELATED AUTHORITY

18 U.S.C. 3152 - 55, 18 U.S.C. 3142(c)(1)(B)(VI)


CRIMINAL RULE 57.1

RELEASE OF INFORMATION BY ATTORNEYS IN CRIMINAL CASES

(a) General. It is the duty of the lawyer for the United States and the lawyer for the defendant not to release or authorize the release of information or opinion for dissemination by any means of public communication, in connection with pending or imminent criminal litigation with which he or she 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.

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 associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement for dissemination by any means of public communication related 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 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 or her apprehension or to warn the public of any danger he or she 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 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; or

(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.

(b) Pretrial Matters. During the course of any pretrial proceedings, including investigations by the grand jury, the attorney for the United States shall be guided by the provisions of Fed. R. Cr. P. 6(e), and 28 C.F.R. 50.2(b), Release of Information by Personnel of the Department of Justice Relating to Criminal Proceedings. Attorneys for the defendant shall comply with Rule 3.6, Idaho Rules of Professional Conduct.

(c ) Release of Information During Trial. During the trial of any criminal matter, including the period of selection of the jury, no lawyer associated with the prosecution or the defense shall give or authorize any extrajudicial statement or interview relating to the trial or the parties or issues in the trial for dissemination by any means of public communication.

(d) Release of Information After Trial. After the completion of a trial or disposition without trial of any criminal matter and prior to the imposition of sentence, a lawyer associated with the prosecution or defense shall refrain from making or authorizing any extrajudicial statement for dissemination by any means of public communication if there is a reasonable likelihood that such dissemination will affect the imposition of sentence.

(e) Exclusions. 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 or to preclude any lawyer from replying to charges of misconduct that are publicly made against him.

(f) Sanctions. Violation of this rule may result in sanctions being imposed consistent with the powers of the court.

 

Revised 8/1/97

RELATED AUTHORITY

NONE


CRIMINAL RULE 57.2

VIOLATION NOTICES, FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE

For certain scheduled offenses committed within the territorial and subject matter jurisdiction of a United States magistrate judge within the District of Idaho, collateral may be posted in the scheduled amount, in lieu of an accused's appearance before the magistrate judge.

If the accused fails to appear before the magistrate judge after posting collateral in the scheduled amount, the collateral shall be forfeited to the United States and such forfeiture shall be accepted in lieu of appearance and as authorizing the termination of the proceedings.

No forfeiture of collateral will be permitted for certain listed offenses described in the General Order adopting the Uniform Collateral Forfeiture Schedule for this court.

Copies of current schedules of offenses for which collateral may be posted in lieu of appearance, and of the amounts of required collateral shall be available for public inspection at the office of the Clerk of Court in Boise, Pocatello, Moscow, and Coeur d’Alene.

 

Revised 8/1/97

RELATED AUTHORITY

General Order #125, March 18, 1996


 

CRIMINAL RULE 58.1

ASSIGNMENT OF CRIMINAL MATTERS TO MAGISTRATE JUDGES

(a) Misdemeanor Cases. All misdemeanor cases shall be assigned, upon the filing of an information or the return of an indictment, to one of the district judges and then delivered to the magistrate judge to conduct the arraignment. If consent is given by the defendant for the trial of the case by the magistrate judge, the magistrate judge shall proceed in accordance with the provisions of 18 U.S.C. 3401 and Federal Rule of Criminal Procedure 58.

(b) Felony Cases. Upon the return of an indictment or the filing of an information, all felony cases shall be assigned by the Clerk of Court to one of the district judges and then delivered to the magistrate judge to conduct an arraignment, appointment of counsel when appropriate, and other preliminary matters pursuant to Federal Rules of Criminal Procedure. Upon receipt of a not guilty plea, the magistrate judge shall calendar the case for the assigned judge for the purpose of trial setting, enter an order scheduling any pretrial motions to be heard before the judge, and notify the parties and counsel. If the defendant advises the magistrate judge that he or she wishes to enter a plea of guilty or nolo contendere, the magistrate judge shall calendar the case for the assigned district judge for entry of a plea of guilty or nolo contendere.

(c) Objections to Magistrate Judge’s Orders, Reports, and Recommendations. See D. Id. L. Civ. R. 72.1(b)(1-3).

 

Revised 8/1/97

RELATED AUTHORITY

28 U.S.C. 636 18 U.S.C. 3401

Fed. R. Cr. P. 48 D. Id. L. Civ. R. 72.1

 

 


CRIMINAL RULE 58.2

APPEAL FROM CONVICTION

(a) Notice of Appeal. A defendant who has been convicted by a magistrate judge may appeal to a judge by filing a timely notice of appeal within ten (10) days after entry of judgment with the Clerk of Court and by serving a copy on the United States Attorney pursuant to Rule 58(c)(4) of the Federal Rules of Criminal Procedure.

(b) Record. A transcript, if desired, shall be ordered as prescribed by Fed. R. App. P. 10(b), except that, in the absence of a reporter, the transcript shall be ordered as directed by the magistrate judge. Applications for orders pertaining thereto shall be made to the magistrate judge.

Within thirty (30) days after a transcript has been ordered, the original and one copy shall be filed with the magistrate judge and all recordings shall be returned to the magistrate judge. All other documents and exhibits shall be held by the magistrate judge pending the receipt of the transcript. Upon its receipt, the record on appeal shall be deemed complete and the magistrate judge shall forthwith transmit the record to the Clerk of Court.

If no transcript is ordered within ten (10) days after the notice of appeal is filed, the record on appeal shall be deemed complete and the magistrate judges shall forthwith transmit the record to the Clerk of Court without a transcript.

(c) Assignment to a District Judge. The Clerk of Court shall assign the appeal to a judge in the same manner as any indictment or felony information. The magistrate judge shall provide the clerk with a copy of the transcript, if any, for the use of the assigned judge.

(d) Notice of Hearing. After assignment, the clerk shall promptly notify the parties of the time set for oral argument. Argument shall be scheduled not less than sixty (60) nor more than ninety (90) days after the date of the notice. However, an earlier date may be set upon application to the judge to whom the appeal has been assigned.

(e) Time for Serving and Filing Briefs. The appellant shall serve and file his or her brief within twenty-one (21) days after the notice of hearing. The appellee shall serve and file his or her brief within twenty-one (21) days after service of the brief of the appellant. The appellant may serve and file a reply brief within seven (7) days after service of the brief of the appellee. These periods may be altered by order of the assigned judge upon application of a party for good cause shown.

(f) Scope of Appeal. The scope of the appeal shall be the same as on an appeal from a judgment of the district court to the court of appeals.

 

Revised 8/1/97

RELATED AUTHORITY

NONE