IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
_______________ DIVISION
UNITED STATES OF AMERICA
v. CASE NO. ______________
___________________________
SCHEDULING ORDER AND NOTICE
This Order and Notice applies to cases that will be scheduled on the __________________,
Trial Docket. Consent Dockets will be held by the district judges on the following dates:
Chief Judge Bowdre _______________
Judge Blackburn _______________
Judge Coogler _______________
Judge Proctor _______________
Judge Hopkins _______________
Judge Kallon _______________
Judge Haikala _______________
Judge Hancock _______________
Judge Johnson _______________
PRETRIAL MOTIONS:
1. The defendant is DIRECTED to file any appropriate motions within the scope of
Rules 12(b)(2) or (3) not later than ___________________, unless otherwise ordered. The
government must file a written response to such a motion not later than ________________,
unless otherwise ordered. No motion may be filed after the deadline absent an express
statement of good cause for the delay and a statement of reasons. No motion for an extension
of time in which to file pretrial motions will be considered in the absence of express factual
allegations establishing good cause for delay. No extensions will be granted to a party unless
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there is complete compliance with paragraphs 1 and 2 above.
2. The motion of any party MUST comply with Rules 47(b) and (c).
SPECIAL PRETRIAL MOTIONS:
3. A motion by the government pursuant to Rule 12.1(a)(1) (alibi) must be made not later than
_________________________. In the event the government makes such a request, the
defendant’s written response is due not later than _______________________.
4. If deemed necessary, the defendant is DIRECTED to file any motion or notice described in
Rule 12.2(a) or (b) (insanity or mental condition) not later than
________________________. A motion to determine a defendant’s competency under 18
U.S.C. § 4241 or the defendant’s mental state at the time the offense was allegedly
committed under 18 U.S.C. § 4242 must be filed by _______________________,
accompanied by the statement of the reasonable grounds for concluding relief is warranted.
SCHEDULING-PRELIMINARY RULE 17.1
The parties are DIRECTED to contact the undersigned magistrate judge by telephone via
courtroom deputy in order to conduct a preliminary Rule 17.1 conference, if necessary. An attorney
for each party is to participate unless otherwise agreed in advance by the parties that one lawyer may
communicate with the court on behalf of both parties. The telephone conference is to take place on
the earliest practical business day the lawyers are able to determine whether the case is to be placed
on the consent docket or be scheduled for trial but, in any case, not later than 3:00 p.m. on
___________________________. It is not necessary to schedule a time for the call. In the event
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the judge is not available, the judge will initiate the conference call as soon as possible at a time
convenient for the parties. The purpose of the preliminary Rule 17.1 telephone conference is to
inform the court of:
(1) Whether the defendant requests placement on a consent docket for the purpose of
change of plea;
(2) Whether the defendant will go to trial and the estimated trial length; and
(3) Whether motions are pending under Rule 12(b)(2), Federal Rules of Criminal
Procedure, Rule 12.2, Federal Rules of Criminal Procedure, 18 U.S.C. § 4241, 18
U.S.C. § 4242, or if potential hearings will be necessary for motions filed in accord
with Rule 12(b)(3)(A), (B), (C), and (D).
The case will be set on the consent docket by the courtroom deputy to the district judge
assigned to the matter upon receiving notice that a plea is anticipated. Not later than
______________________, it is the responsibility of the Assistant United States Attorney and
defense counsel to notify courtroom deputy of any scheduling conflict or other problem.
In the event a defendant elects not to enter a plea for any reason, the defense lawyer is
DIRECTED to notify the courtroom deputy for the district judge as early as possible PRIOR
to the consent docket date in order to schedule the case for trial on the __________________,
Docket.
Counsel to the defendant is DIRECTED to ensure that an Advice of Rights Certification,
if and as required by the district judge, is completed in accord with the procedures established by that
judge. Whether or not the trial judge requires a written Advice of Rights Form, defense counsel is
required to fully explain to the defendant the rights to be surrendered with a plea of guilty. Counsel
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to the defendant is DIRECTED to ensure that he or she can certify at a change of plea
proceeding that there has been a “substantial” discussion with a defendant entering into a plea
agreement in which that defendant purports to waive direct appeal and collateral review
rights, of the consequences of such a decision, including the advantages and disadvantages of
an appeal and the effect of a waiver.
The parties should be prepared for a Rule 17.1 pretrial conference with the trial judge to be
held at the discretion of the court.
As to the foregoing it is SO ORDERED this ____ day of _________________.
U.S. MAGISTRATE JUDGE
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