PART 2 - CRIMINAL RULES
CRIMINAL RULE 1.1
(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
(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
(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
(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
Fed. R. Cr. P. 11
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
(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
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:
Fed. R. Cr. P. 12 and 47
General Order No. 124
NON-FILING OF DISCOVERY IN
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.
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
(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
(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
(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.
Fed. R. Cr. P. 11
(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
(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.
Fed. R. Cr. P. 28
PRETRIAL BRIEFS AND JURY
(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
(b) Jury Instructions. Jury instructions
shall be filed pursuant to D. Id. L. Civ. R. 51.1.
Fed. R. Cr. P. 30
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
(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
(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.
Fed. R. Cr. P. 32
RIGHT TO AND APPOINTMENT OF
(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.
Fed. R. Cr. P. 44
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.
18 U.S.C. §§ 3142 - 44 Fed. R. Cr. P. 46
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.
18 U.S.C. §§ 3152 - 55, 18 U.S.C. §§ 3142(c)(1)(B)(VI)
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
(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
(f) Sanctions. Violation of this rule
may result in sanctions being imposed consistent with the powers
of the court.
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
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
General Order #125, March 18,
CRIMINAL RULE 58.1
OF CRIMINAL MATTERS TO MAGISTRATE JUDGES
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
(c) Objections to Magistrate
Judge’s Orders, Reports, and Recommendations. See D. Id. L.
Civ. R. 72.1(b)(1-3).
28 U.S.C. § 636 18 U.S.C. §§ 3401
Fed. R. Cr. P. 48 D. Id. L. Civ. R. 72.1
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
(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
(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.