IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
In the matter of
SPEEDY TRIAL ACT PLAN MISCELLANEOUS
PURSUANT TO 18 U.S.C. § 3161(a) GENERAL ORDER 20-26
and FEDERAL RULE OF
CRIMINAL PROCEDURE 12(c)
The Court has the responsibility to set a trial date under 18 U.S.C. § 3161(a) and the
authority to set pretrial motions deadlines under Federal Rule of Criminal Procedure 12(c). The
language of both the statute and the rule advise the Court to be “practicable” in setting both dates.
Coordination by the Court of setting trial dates and motions deadlines is essential to efficiently
managing the trial calendar. This Miscellaneous General Order establishes the District of Alaska’s
criminal pretrial and trial setting schedule as follows:
Consultation of Speedy Trial Waiver: At the time of arraignment, or within two weeks,
defense counsel will meet with the defendant and review the Right to Speedy Trial Act/FSA
Acknowledgment & Waiver attached to this Order. After that consultation, but within two weeks
of arraignment, if the defendant agrees to the waiver, defense counsel will file the signed Right to
Speedy Trial Act/FSA Acknowledgment & Waiver with the Court.
No Speedy Trial Waiver: If, after consultation with counsel, the defendant declines to agree
to the waiver, and demands trial by jury within 70 days of the filing of the information or
indictment, the Court will apply the procedure in the next paragraph.
The defendant may demand trial by jury 70 days from the initial appearance, as required
by Speedy Trial Act. If the defendant makes that demand, the court will set dates according to the
following schedule:
Discovery: The exchange of discovery is controlled by the Discovery Plan, which
will be issued separately as an addendum to this Speedy Trial Act Plan.
Motions Deadline: Motions deadlines will be set two weeks after discovery is
provided, absent exceptional circumstances which the Government and the Court
could not have foreseen or avoided.
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Trial Date: A trial date will be provided by the District Court Judge assigned to the
case, in accordance with 18 U.S.C. § 3161(a).
Signed Speedy Trial Waiver: In most cases, the defendant will not demand a trial within
70 days and will sign the Right to Speedy Trial Act/FSA Acknowledgment & Waiver. In most
cases, the following will be the standard procedure within the district:
At the time of arraignment, the judicial officer conducting the hearing will set dates
according to the following schedule:
Discovery: The exchange of discovery is controlled by the Discovery Plan, which
will be issued separately as an addendum to this Speedy Trial Act Plan.
Trial Setting Conference: A trial setting conference will be set approximately 45
days after arraignment. This 45-day period may be extended for good cause. The
conference will be held by the District Court Judge assigned to the case.
The judicial officer at the arraignment will also make appropriate findings of excludable
delay under the Speedy Trial Act, 18 U.S.C. § 3161(h). Part of the defendant’s election of the
standard procedure will include completion of the attached Right to Speedy Trial Act/FSA
Acknowledgment & Waiver. In most instances the judicial officer will find that “the ends of justice
served by taking such action outweigh the best interest of the public and the defendant in a speedy
trial.” 18 U.S.C. § 3161(h)(7). The most common reasons for this finding are:
• The “failure to grant such a continuance in the proceeding would ... result in a mis-
carriage of justice.” 18 U.S.C. § 3161(h)(7)(B)(i).
• The “case is so unusual or so complex, due to the number of defendants, the nature
of the prosecution, or the existence of novel questions of fact or law, that it is
unreasonable to expect adequate preparation for pretrial proceedings or for the trial
itself within the time limits established by this section.” 18 U.S.C.
§ 3161(h)(7)(B)(ii).
• The “failure to grant such a continuance in a case which, taken as a whole, is not
so unusual or so complex as to fall within clause (ii), would deny the defendant
reasonable time to obtain counsel, would unreasonably deny the defendant or the
Government continuity of counsel, or would deny counsel for the defendant or the
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attorney for the Government the reasonable time necessary for effective
preparation, taking into account the exercise of due diligence.” 18 U.S.C.
§ 3161(h)(7)(B)(iv).
At the Trial Setting Conference, both the prosecutor and defense counsel will provide the
Court with the current status of the case, and preparations for trial. Based on that information, the
Court will set appropriate motions deadlines and a trial date. The Court will also set a First Pretrial
Conference, typically 30 days before the trial date.
Counsel will be directed to meet and confer approximately 7 days prior to the First Pretrial
Conference. No later than 3 days prior to the First Pretrial Conference, the parties will file a status
report with the following information:
1. Whether the parties anticipate the case proceeding to trial;
2. The length of time needed for trial, expressed in court days; and
3. Whether there remain any issues to be resolved before the start of trial, such
as motions in limine or discovery disputes.
DATED this 5th day of August, 2020
/s/ Timothy M. Burgess
Hon. Timothy M. Burgess
Chief United States District Judge
Distribution:
All Judges Clerk of Court
U.S. Attorney Federal Public Defender
U.S. Marshal U.S. Probation & Pretrial Services
Court Librarian Court Rules Attorney
Bankruptcy Judge Clerk of Court Bankruptcy
Alaska Bar Assn Active Attys via ECF
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA, Case No. __________________
Plaintiff,
RIGHT TO SPEEDY TRIAL ACT/FSA
vs.
ACKNOWLEDGMENT & WAIVER
_____________________,
Defendant.
I, ________________, the above-named Defendant, understand that I have a right to a trial in this
matter within seventy (70) days from my arraignment on the indictment/information. I also understand that
I can agree to certain exclusions from this 70-day period. In order to allow my attorney a reasonable period
of time necessary for effective preparation and representation including: reviewing the discovery and
evidence in my case, conducting an independent investigation, researching potential pre-trial motions,
evaluating options for pre-trial resolution (plea bargain), and/or preparing for trial in the event a pre-trial
resolution does not occur, I agree that an initial exclusion of time should occur between this date and my
Trial Setting Conference.
Therefore, I agree that the period from today through the date of my Trial Setting Conference [set
approximately forty-five (45) days from now] should be excluded from the seventy (70) day speedy trial
calculation. This will allow the United States to provide discovery to my attorney, my attorney to review
it and discuss it with me, my attorney to review possible defenses with me, and my attorney to advise me
of potential courses of action. This will also permit my attorney to be prepared to advise the court about
the status of the case at the Trial Setting Conference at which the Court will address any further possible
speedy trial issues.
DATED this ________ day of _______, 2020.
______________________
Defendant
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