Extraordinary Expenses for Indigent Clients

(a) This Court currently maintains an attorneys fee fund to provide funds for extraordinary expenses incurred by counsel appointed by the court to represent indigent plaintiffs in civil actions. (b) Counsel who wish to receive money from the fund for extraordinary expenses must file a written motion requesting the funds prior to expenditure and detailing the reasons why the funds are necessary. (c) If a motion requesting extraordinary expenses is granted, appointed counsel must fill out completely the Claim Form for Reimbursement of expenses and file such with the Clerk of Court within 21 days from the date of final judgement. PART 2: LOCAL CRIMINAL RULES [Cite as M.D. Ala. LCrR ] Local Criminal Rule 1.1 Scope and Construction. (a) Title and Citation. These rules shall be known as the Local Criminal Rules of the United States District Court for the Middle District of Alabama. Rules applying to criminal matters should be cited as "M.D. Ala. LCrR ." (b) Effective Date. These rules become effective on December 1, 2010 and shall govern all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending. (c) Scope and Construction. These rules, along with the Civil and General Provisions in Part I. above, made pursuant to the authority of 28 U.S.C. § 2071, Fed. R. Civ. P. 83, and Fed. R. Crim. P. 57, shall apply to all criminal proceedings, unless specifically provided to the contrary or necessarily restricted by inference from the context. (d) Relationship to Prior Rules and Subsequent Orders. These rules supersede all previous rules promulgated by this Court or any judge of this Court except for those General and Standing Orders that exist at the time the rules are published and that do not expressly conflict with these rules. These rules, however, may be affected by any general or standing orders entered by this Court after publication of these rules. (e) Any judge of this Court may suspend application and enforcement of these local rules, in whole or in part, in the interests of justice in individual actions. When any judge of this Court, in a specific action, issues any order which is not consistent with these rules, such order shall constitute a suspension of the rules with respect to that action only, and only to the extent that such order is inconsistent with the rules. (f) Rules of Construction and Definition. United States Code, Title 1, Sections 1 to 5, shall, as far as applicable, govern the construction of these rules. Local Criminal Rule 12(b).1 Notice of Entrapment Defense. (a) Notice by defendant. A defendant intending to claim a defense of entrapment shall, within the time provided for the filing of pretrial motions or at such later time as the Court may direct, serve upon the attorney for the Government written notice of such intention and file a copy of such notice with the Clerk. (b) Waiver. If there is a failure to comply with the requirements of subdivision (a), entrapment may not be raised as a defense. The Court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other order as may be appropriate. Local Criminal Rule 16.1 Criminal Discovery This rule is the standard discovery procedure and the sole means of the exchange of discovery in criminal cases, except in extraordinary circumstances. This rule is intended to promote the efficient exchange of discovery without altering the rights and obligations of the parties, but at the same time eliminating the practice of routinely filing perfunctory and duplicative discovery motions. (a) Initial Disclosures: (1) Disclosure by the Government. At arraignment, or on a date otherwise set by the court for good cause shown, the government shall tender to defendant the following: (A) Fed. R. Crim. P. 16(a) Information. All discoverable information within the scope of Rule 16(a) of the Federal Rules of Criminal Procedure. (B) Brady Material. All information and material known to the government which may be favorable to the defendant on the issues of guilt or punishment, without regard to materiality, within the scope of Brady v. Maryland, 373 U.S. 83 (1963). (C) Giglio Material. The existence and substance of any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective witnesses, within the scope of United States v. Giglio, 405 U.S. 150 (1972). (D) Testifying informant's convictions. A record of prior convictions of any alleged informant who will testify for the government at trial. (E) Defendant's identification. If a line-up, show-up, photo spread or similar, procedure was used in attempting to identify the defendant, the exact procedure and participants shall be described and the results, together with any pictures, and photographs, shall be disclosed. (F) Inspection of vehicles, vessels, or aircraft. If any vehicle, vessel, or aircraft, was allegedly utilized in the commission of any offenses charged, the government shall permit the defendant's counsel and any expert selected by the defense to inspect it, if it is in the custody of any governmental authority. (G) Defendant's latent prints. If latent fingerprints, or prints of any type, have been, identified by a government expert as those of the defendant, copies thereof shall be provided. (H) Fed. R. Evid. 404(b). The government shall advise the defendant of its intention to introduce evidence in its case in chief at trial, pursuant to Rule 404(b) of the Federal Rules of Evidence. (I) Electronic Surveillance Information. If the defendant was an aggrieved person as defined in 18 U.S.C. § 2510(11), the government shall so advise the defendant and set forth the detailed circumstances thereof. (2) Obligations of the Government. (A) The government shall anticipate the need for, and arrange for the transcription of the grand jury testimony of all witnesses who will testify in the government's case in chief, if subject to Fed. R. Crim. P. 26.2 and 18 U.S. C. § 3500. Jencks Act materials and witnesses' statements shall be provided as required by Fed. R. CRIM. P. 26.2 and 18 U.S.C. § 3500. However, the government, and where applicable, the defendant, are requested to make such materials and statements available to the other party sufficiently in advance as to avoid any delays or interruptions at trial. The court suggests an early disclosure of Jencks Act materials. (B) The government shall advise all government agents and officers involved in the case to preserve all rough notes. (C) The identification and production of all discoverable evidence or information is the personal responsibility of the Assistant United States Attorney assigned to the case and may not be delegated without the express permission of the court. (3) Disclosures to U.S. Probation. At arraignment, or on a date otherwise designated by the court upon good cause shown, the government shall tender to the U.S. Probation Office all essential information needed by U.S. Probation to accurately calculate the sentencing guideline range for the defendant, including, but not limited to, information regarding the nature of the offense (offense level), the nature of the victim and the injury sustained by the victim, defendant's role in the offense, whether defendant obstructed justice in the commission of the crime, defendant's criminal history, and any information regarding defendant's status as a career offender/armed career criminal. In addition, in order to comply with the requirements of the Anti-Terrorism Act, the government shall produce to the U.S. Probation Office information regarding the victims of defendant's alleged criminal activity, including, but not limited to, the identity of the victim by name, address, and phone number, and the nature and extent of the victim's loss or injury. (4) Disclosures by the Defendant. If defendant accepts or requests disclosure of discoverable information pursuant to Fed. R. CRIM. P. 16(a)(1 )(c), (D), or (E), defendant, on or before a date set by the court, shall provide to the government all discoverable information within the scope of Fed. R. Crim. P. 16(b). (b) Supplementation. The provisions of Fed. R. Crim. P. 16(c) are applicable. It shall be the duty of counsel for all parties to immediately reveal to opposing counsel all newly discovered information, evidence, or other material within the scope of this Rule, and there is a continuing duty upon each attorney to disclose expeditiously. (c) Motions for Discovery. (1) No attorney shall file a discovery motion without first conferring with opposing counsel, and no motion will be considered by the court unless it is accompanied by a certification of such conference and a statement of the moving party's good faith efforts to resolve the subject matter of the motion by agreement with opposing counsel. (2) No discovery motions shall be filed for information or material within the scope of this Rule unless it is a motion to compel, a motion for protective order or a motion for an order modifying discovery. See Fed. R. Crim. P. 16(d). (3) Discovery requests made pursuant to Fed. R. Crim. P. 16 and this Order require no action on the part of this court and shall not be filed with the court, unless the party making the request desires to preserve the discovery matter for appeal. Local Criminal Rule 32.1 Disclosure of Presentence Reports or Probation Records. (a) No confidential record of this Court maintained by the Probation Office, including presentence and supervision records, shall be disclosed except as provided by Fed. R. Crim. P. 32, and as provided by this local rule. (b) The probation officer shall not disclose the officer's sentencing recommendation, if any, unless otherwise ordered by the Court. When disclosure is so ordered, such recommendation shall be disclosed at the sentencing hearing and no earlier than the date of sentencing. The recommendation will be available to the parties, however, at the U. S. Probation Office on the date of sentencing. (c) When a demand for disclosure of presentence and probation records is made, by way of subpoena or other judicial process, to a probation officer of this Court, the probation officer may file a petition seeking instruction from the Court with respect to responding to the subpoena. (d) Whenever a probation officer is subpoenaed for such records, he or she shall petition this Court in writing for authority to release documentary records or produce testimony with respect to such confidential Court information. In either event, no disclosure shall be made except upon an order issued by this Court. (e) The Probation Office shall provide to the United States Sentencing Commission, the United States Parole Commission, and the United States Bureau of Prisons presentence reports as requested for the discharge of their official duties. (f) The Probation Office may make available to officers of the Alabama Board of Pardons and Paroles presentence reports and supervision records for review in their investigation and supervision of Alabama Circuit Court defendants, probationers and parolees. Local Criminal Rule 44.1 Appointed Counsel. The following guidelines for counsel appointed under the Criminal Justice Act, 18 U.S.C. § 3006A, shall be followed: (a) Duties of Appointed Counsel. (1) Counsel who participate in this plan do so in fulfillment of their professional responsibilities as officers of the Court, and the limited amount of compensation accruing in no respect diminishes that responsibility. (2) Appointed counsel shall report to the Court any change in his/her client's financial status indicating that the client is able to finance all or a part of his/her representation. No appointed counsel shall accept a payment from or on behalf of the person represented without prior authorization of the Court. (b) Termination of Appointment of Counsel. Representation by appointed counsel shall terminate when the purpose of the appointment is accomplished or when terminated by Court order. (c) Guidelines as to Maximum Compensation. The Clerk shall maintain a schedule of guidelines for maximum compensation to be allowed by the Court, not to exceed that provided in 18 U.S.C. § 3006A. Local Criminal Rule 44.2 Notice of Appearance Required for Retained Counsel. Any attorney who is retained in a criminal action in this Court shall file his/her notice of appearance with the Clerk immediately upon being retained in that action. Local Criminal Rule 57.1 Challenges to Admissibility of Drug-Test Results In all criminal revocation proceedings in which the defendant seeks to challenge the admissibility of drug-test results, the parties shall follow the discovery procedure set forth in this rule. (1) If the defendant desires to challenge a drug test or report of a drug test, he shall so notify the court in writing, with service on the government, fourteen days before the hearing at which he plans to raise the challenge. (2) If the defendant files a notice challenging a drug test or report of a drug test, the government shall file with the court, with service on the defendant, at least seven days before the hearing, computed in accordance with Fed. R. Crim. P. 45, the following materials, all of which shall be made a part of the record in each revocation hearing: (A) A copy of the report of each relevant laboratory test. (B) A copy of the report on the chain of custody of each sample, including the date of collection, name of person(s) collecting and labeling same, and a description of the label. (c) A copy of an affidavit by a responsible laboratory employee attesting to laboratory procedures, including laboratory chain of custody routines, whether all required procedures were followed regarding the subject sample(s), and the result(s) of the testing. (3) If the defendant is unable to timely file the motion described herein, the defendant shall file a motion with the court requesting permission to file the motion out of time and set forth the reasons for the delay in filing. If possible, the motion challenging the admissibility of the drug test results should be filed at the same time. If it is not possible to file the motion challenging the drug test results at the same time as the motion requesting permission to file the motion out of time, it should be filed as soon as practical. Local Criminal Rule 58.1 Forfeiture of Collateral in Lieu of Appearance. (a) Forfeiture of collateral in lieu of appearance. For certain scheduled offenses, as listed in this district's collateral forfeiture schedule ("Forfeiture of Collateral in Lieu of Appearance of Certain Petty and Minor Offense Cases"), committed within the territorial and subject matter jurisdiction of a United States Magistrate Judge for the Middle District of Alabama, collateral may be posted in the scheduled amount in lieu of an accused's appearance before the Magistrate Judge. (b) Collateral Forfeiture Schedule. The collateral forfeiture schedule ("Forfeiture of Collateral in Lieu of Appearance of Certain Petty and Minor Offense Cases") will be in full force and effect on any location within the Middle District of Alabama where the United States has concurrent or exclusive jurisdiction, including but not limited to those lands, buildings, places or other areas regulated and controlled by the United States of America and its agencies as set out in the collateral forfeiture schedule. The most recent Collateral Forfeiture Schedule may be obtained from the Court’s website at http://www.almd.usCourts.gov or by calling the clerk's office at 334-954-3600 INDEX TO CIVIL AND CRIMINAL RULES A ALTERNATIVE DISPUTE RESOLUTION Mediation, LR 16.2 AMENDMENTS Form of motion to amend, LR 15.1 ATTORNEYS Admission to practice, LR 83.1 Appearance, LR 11.1, LCrR 44.2 Appointed, LCrR 44.1 Disbarment & discipline, LR 83.1 Identification of counsel, LR 11.1 Law Student Representation, LR 83.2 Sanctions, LR 1.2 C CALENDARS Calendar of cases, LR 40.1 CELL PHONES Photography, Broadcasting, Recording and Electronic Devices, LR 83.4 CIVIL COVER SHEET Requirement, LR 3.1 CLASS ACTIONS Designation of in caption, LR 23.1 COMPLAINTS Civil cover sheet, LR 3.1 Class actions designation, LR 23.1 Claims of unconstitutionality, LR 5.1 Pro se civil rights & habeas corpus filings, LR 9.1, LR 9.2 Request for three-judge Court, LR 9.3 CONSTITUTIONAL CLAIMS Notifying clerk of claims of unconstitutionality, LR 5.1 COSTS Payment of costs, LR 58.1 Recovery of taxable costs, LR 54.1 Taxation of juror costs, LR 54.2 Court FILES Restrictions on removing, LR 5.9 D DEFENSES Notice of entrapment defense, LCrR 12(b).1 DEPOSITIONS Filing, LR 26.3 DISCOVERY Criminal Discovery, LCrR 16.1 Disclosures, experts, & filing of disclosures, LR 26.1 Form of Discovery Documents, LR 26.2 Form of Discovery Motions, LR 37.1 Limitations & commencement, meeting of parties, LR 26.2 Non-filing of, LR 26.3 DRUG TEST RESULTS Challenges to Admissibility of Drug-Test Results , LCrR 57.1 E EMERGENCIES Emergency filings, LR 5.5 Facsimile filings, LR 5.3 EVIDENCE Hospital records, LR 45.2 Removal of Court files & exhibits, LR 5.9 EXHIBITS Return or destruction of exhibits, LR 5.2 Premarked for trial, LR 39.1 F FILINGS Document size of papers, LR 5.6 Electronic Filings, LR 5.3 Emergency filings, LR 5.5 Facsimile filings, LR 5.3 FORFEITURES Collateral forfeiture in lieu of appearance, LCrR 58.1 H HABEAS CORPUS Habeas Corpus Filings, LR 9.1 Capital Habeas Corpus Cases, LR 9.2 HOSPITAL RECORDS Admission of, LR 45.2 I INDIGENT CLIENTS Extraordinary Expenses for Indigent Clients, LR 83.5 J