FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Dec 16, 2022, 9:52 am
John A. Mannle, Clerk of Court
Table of Contents Page
CrimLR2.1. Criminal Scheduling Order ........................................................ 1
(a) Criminal Scheduling Order ............................................ ..1
(b) Proposed Trial Dates and Continuances ........................ ..1
(c) Complex Case ................................................................ ..2
(d) Trial Date Under the Speedy Trial Act .......................... ..2
CrimLR2.2. Special Rules Regarding Motions to Continue in Multi-
Defendant Cases. ........................................................................ 3
CrimLR2.3. Trial Conference Before the District Judge ............................... 3
(a) Trial Conference ............................................................ ..3
(b) Joint Trial Presentation Statement ................................. ..4
CrimLR5.1. Arrest by Federal Agencies ........................................................ 4
CrimLR5.2. Sealing of Information Filed with the Court .............................. 5
(a) Leave of Court Required ................................................ ..5
(b) Motions to File Under Seal ............................................ ..6
(1) Requirements ....................................................... ..6
(2) Response .............................................................. ..7
(3) Public Record....................................................... ..7
(4) Unsealing ............................................................. ..7
(5) Reference to Sealed Material During a Hearing . ..8
CrimLR5.3. Sealing of Hearings. ................................................................... 8
CrimLR6.2. Extending or Shortening Time. .................................................. 8
CrimLR7.9. Telephone Appearances. ............................................................ 8
CrimLR7.10. Ex Parte Applications and Motions............................................ 9
CrimLR10.2. Form of Documents Presented for Filing ................................... 9
(a) Form of Documents ....................................................... ..9
(b) Identification of Person Filing a Document................... ..9
(c) Caption, Case Numbers, and Title ................................. 10
(d) Exhibits, Declarations, and Affidavits ........................... 10
(e) Signatures on Declarations and Affidavits .................... 11
(f) In Camera Submissions.................................................. 11
(g) Effect of Non-Compliance ............................................. 11
CrimLR10.3. Mandatory Chambers Copies. .................................................. 12
(a) When Required .............................................................. 12
(b) Format ............................................................................ 12
(c) Timing ............................................................................ 12
CrimLR10.5. Form of Stipulations ................................................................. 13
CrimLR11.1. Sanctions and Penalties for Non-Compliance with the
Criminal Local Rules ............................................................... 13
CrimLR12.1. Hearings on Non-Discovery Pretrial Motions ......................... 13
CrimLR12.2. Motions and Supporting Documents ........................................ 13
(a) Timing ............................................................................ 13
(1) Standard Motions ................................................. 14
(2) Expedited Motions ............................................... 14
(b) Briefing Requirements ................................................... 14
(c) Non-opposition............................................................... 14
(d) Motions Before Magistrate Judges ................................ 14
CrimLR12.3. Supplemental Authorities ......................................................... 15
CrimLR12.4. Joinders ..................................................................................... 15
CrimLR12.5. Proceedings Under Advisement by the Court .......................... 15
CrimLR16. Discovery and Inspection ......................................................... 16
(a) Government’s Discovery Obligations ........................... 16
(b) Discovery Presumed to be Requested by Defendant ..... 17
(c) Discovery Conference .................................................... 17
(d) Discovery from Defendant ............................................. 18
(e) Continuing Duty to Disclose.......................................... 18
(f) Motion to Compel Discovery or Disclosure .................. 18
(g) Sanctions for Failure to Comply .................................... 19
(1) Against a Party..................................................... 19
(2) Against an Attorney for a Party ........................... 19
(h) Other Disclosures and Requirements............................. 19
CrimLR16.6. Motions in Limine .................................................................... 20
CrimLR16.7. Status Conferences ................................................................... 20
CrimLR17.1. Pretrial Orders .......................................................................... 20
CrimLR30.1. Jury Instructions ....................................................................... 21
CrimLR32.1. Plea Procedure .......................................................................... 23
(c) Standard Plea Agreements ............................................. 23
(d) Guilty Pleas Without a Plea Agreement ........................ 23
CrimLR32.2. Sentencing Procedure ............................................................... 24
(a) Definitions...................................................................... 24
(b) Presentence Investigation Reports
(Presentence Reports) .................................................... 24
(c) Government Motions ..................................................... 25
(d) Request for Evidentiary Hearing ................................... 25
(e) Sentencing Memoranda ................................................. 26
(f) Other Sentencing Submissions ...................................... 26
(g) Sentencing Hearing ........................................................ 26
(h) Expedited Sentencing Procedure ................................... 26
CrimLR40.2. Assignment of Similar Cases: Notice of Related Case ............ 27
CrimLR44.1. Criminal Justice Act of 1964 Plan ........................................... 27
CrimLR44.2. Right to and Appointment of Counsel ..................................... 27
CrimLR44.3. Pro Se Participation, Substitutions, and Withdrawal of
Counsel ..................................................................................... 29
(a) Pro Se Participation........................................................ 29
(b) Substitution and Withdrawal ......................................... 29
CrimLR44.4. Appointment of Counsel for Misdemeanor of
Petty Offenses .......................................................................... 29
CrimLR46.1. Appearance Bond ..................................................................... 30
CrimLR46.2. Posting Security........................................................................ 30
CrimLR46.3. Types of Bonds in Criminal Cases ........................................... 30
(a) Surety Bonds .................................................................. 30
(b) Property Bonds............................................................... 30
CrimLR46.4. Filings Relating to Release or Pretrial Detention of a
Defendant ................................................................................. 31
CrimLR47.1. Research on Jurors or Prospective Jurors................................. 31
CrimLR57.1. Duties of Magistrate Judges ..................................................... 32
CrimLR57.2. Assignment of Criminal Matters to Magistrate Judge ............. 33
(a) Duty Magistrate Judge ................................................... 33
(b) Assigned Magistrate Judge in Certain Cases ................. 34
CrimLR57.3. Magistrate Judges; Non-Dispositive Pretrial Matters .............. 34
(a) Orders by the Magistrate Judge ..................................... 34
(b) Appeals from a Magistrate Judge’s Decision on
Non-Dispositive Matters ................................................ 34
CrimLR57.4. Magistrate Judges; Dispositive Pretrial Motions ..................... 35
(a) Findings and Recommendations by the
Magistrate Judge ............................................................ 35
(b) Objections to Reports and Recommendations in
Dispositive Matters ........................................................ 35
CrimLR57.6. Expedited Appeals from Magistrate Judge Rulings ................. 35
CrimLR57.7. Motions for Reconsideration or Appeal from
Detention or Release Orders..................................................... 36
CrimLR58.1. Magistrate Judges; Disposition of Misdemeanor
Cases – 18 U.S.C. §3401 .......................................................... 37
CrimLR58.2. Trial of Misdemeanor Offenses ............................................... 37
CrimLR58.3. Appeal from Misdemeanor Conviction by
Magistrate Judge....................................................................... 37
(a) Notice of Appeal ............................................................ 37
(b) Record ............................................................................ 38
(c) Assignment to a District Judge ...................................... 38
(d) Abbreviated Appeals ...................................................... 38
(e) Briefs .............................................................................. 38
(f) Notice of Hearing ........................................................... 38
CrimLR59.1. Counsel-Prepared Orders of Court Rulings ............................. 39
CrimLR60.1. Motions for Reconsideration .................................................... 39
CrimLR77.2. Clerk’s Office: Location and Hours ......................................... 39
CrimLR77.3. Ninth Circuit Court Library: Operation and Use ..................... 40
CrimLR79.1. Custody and Disposition of Files and Exhibits ........................ 40
CrimLR79.2. Search Warrants, Orders, on Pen Registers, Orders on Trap and
Trace Devices, and Mobile Tracking Device Warrants ........... 40
CrimLR81.1. Self-Represented Defendants ................................................... 41
(a) Self-Represented Defendants ......................................... 41
(b) Entities Other than Individuals ...................................... 41
(c) Filing and Service by Self-Represented Defendants ..... 41
(d) Application of Three-Day Mailing Rule........................ 42
(e) Ex Parte Communications.............................................. 42
CrimLR83.1. Attorneys: Admission to the Bar of this Court;
Change of Address ................................................................... 42
(a) Eligibility for Membership ............................................ 42
(b) Admission to the Bar ..................................................... 42
(c) Permission to Practice Before the Court ........................ 43
(1) Attorneys for the United States ........................... 43
(2) Attorneys Admitted Pro Hac Vice for a
Particular Case ..................................................... 43
(A) Eligibility .................................................... 43
(B) Application ................................................. 43
(C) Fee ............................................................... 45
(D) Ruling on Application................................. 45
(d) Notice of Change of Status ............................................ 45
(e) Change of Address or Contact Information ................... 45
(1) Address Changes ................................................. 46
(2) Sanctions for Failure to Notify ............................ 46
CrimLR83.2. Attorneys: Practice in this Court .............................................. 46
CrimLR83.3. Attorneys: Standard of Professional Conduct .......................... 47
CrimLR83.4. Attorneys: Discipline................................................................ 47
CrimLR84.1. Supervised Student Practice of Law ........................................ 48
(a) Definitions...................................................................... 48
(b) Qualification Procedures for Law Student Interns ........ 49
(c) Duration of Law Student Intern Authorization .............. 49
(d) Activities of Law Student Interns .................................. 50
(e) Supervision of Law Student Practice ............................. 50
(f) Law Students Employed by the United States
Attorney and the Federal Public Defender .................... 51
(g) Miscellaneous................................................................. 51
CrimLR85.1. Habeas Proceedings.................................................................. 51
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CHAPTER II - CRIMINAL RULES
CrimLR2.1. Criminal Scheduling Order.
(a) Criminal Scheduling Order.
On or about the day of arraignment, the magistrate judge shall enter a Criminal
Scheduling Order in all felony criminal cases.
A Criminal Scheduling Order promotes the policy underlying Fed. R. Crim. P.
Rule 2 to provide just determination, simplicity, fairness in administration, and
eliminate unjustifiable expense and delay. The Criminal Scheduling Order also will
initiate self-executing discovery procedures, provide a case with an appropriate trial
date and deadlines, facilitate effective assistance of counsel, and reduce other
expenses and delays.
Counsel must prepare diligently for trial in a criminal case. Counsel are
discouraged, absent good cause shown, from seeking multiple continuances of a trial.
(b) Proposed Trial Dates and Continuances.
The court seeks to set a realistic trial date as soon as practicable in
criminal cases:
(1) Before or during arraignment: counsel may jointly propose an
alternative trial date to be reflected in the Criminal Scheduling Order, instead
of a trial date under the Speedy Trial Act and related deadlines reflected in
Subsection (d).
(2) After arraignment: counsel may stipulate to request a new trial
date and, if approved by the district judge, the new trial date and related
deadlines will be reflected in an Amended Criminal Scheduling Order.
(3) If counsel propose an alternative trial date or seek to continue a
current trial date, they are encouraged to work with the district judge’s staff or
the duty magistrate judge. Once approved by the district judge, the trial date
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and related deadlines in the case shall be reflected in a Criminal Scheduling
Order or an Amended Criminal Scheduling Order.
The parties shall submit any stipulation to continue the trial date to the
district judge. A stipulation to continue trial will include: a new trial date and
related deadlines as approved by the district judge’s staff or the duty magistrate
judge and, if necessary, an accompanying exclusion of time under the Speedy
Trial Act, 18 U.S.C. § 3161. The district judge has the discretion to require a
motion rather than a stipulation.
(4) The court will set the related dates and deadlines for a Rule 16.1
Discovery Conference, motions and responses, joint pretrial statement, and any
conferences before the duty magistrate judge or the district judge.
When the court sets a trial date further out from arraignment than the
ordinary course, it may afford lengthier periods between the motions, response
deadlines, and the trial date.
(c) Complex Case.
The government may file any motions to declare a case complex before
arraignment so that the Criminal Scheduling Order can reflect dates and deadlines
aligned with the case’s complexity and an accompanying exclusion of time under the
Speedy Trial Act, 18 U.S.C. § 3161.
If the government files a motion to declare a case complex and the court
declares the case complex after arraignment, then the court will enter an Amended
Criminal Scheduling Order.
(d) Trial Date Under the Speedy Trial Act.
Unless an alternative trial date is proposed by the parties and approved by the
court under Subsections (b) or (c), the Criminal Scheduling Order will reflect a trial
date consistent with the Speedy Trial Act, 18 U.S.C. § 3161.
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A trial date under this Subsection shall also include related dates and deadlines
as set forth below:
(1) Discovery Conference. On or about 14 days after arraignment,
the parties shall have a Rule 16.1 Discovery Conference.
(2) Motions. On a date approximately six weeks prior to trial, the
parties must file any dispositive or otherwise substantive motions, other than
motions in limine.
(3) Responses. On a date approximately one week after any motions
are filed, responses are due.
CrimLR2.2. Special Rules Regarding Motions to Continue in Multi-
Defendant Cases.
Where the parties in a multi-defendant case cannot agree to a continuance of
trial, a motion to continue shall be filed and each party shall indicate its position in
writing no later than three (3) business days after the filing of the motion to continue,
or no later than 12:00 p.m. on the working day prior to the hearing if a hearing is
scheduled, whichever is earlier.
CrimLR2.3. Trial Conference Before the District Judge.
As part of the Criminal Scheduling Order in CrimLR2.1 or thereafter, the court
will set a trial conference before the district judge presiding at trial.
(a) Trial Conference.
The trial conference before the district judge marks the beginning of the court’s
earnest preparation for a trial. The district judge will conduct the trial conference
several weeks prior to the trial, and the timing may vary depending on the judge.
The parties are expected to engage in plea negotiations well in advance of this
trial conference. If Defendant opts to plead guilty, with or without a plea agreement,
the parties should contact the court prior to the trial conference in this Subsection to
set a change of plea hearing with the court. If the parties opt to proceed to trial, then
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the district judge will set trial-related dates and deadlines at the trial conference in this
Subsection, including but not limited to, deadlines associated with the submission of
proposed jury instructions, proposed verdict forms, proposed voir dire questions,
notice under Fed. R. Evid. 404(b), motions in limine, responses, witness lists, and
exhibit lists.
(b) Joint Trial Presentation Statement.
No less than one week prior to the trial conference before the district judge
under Subsection (a), the parties shall meet and confer then file a Joint Trial
Presentation Statement including the following information:
(1) estimate of trial presentation days for each party;
(2) any outstanding discovery matters;
(3) anticipated number of government and defense witnesses;
(4) need for interpreters for witnesses;
(5) anticipated number of government and defense exhibits;
(6) whether any exhibits are of a sensitive nature (for example, images
of child pornography, physical contraband evidence, etc.);
(7) anticipated use of technology and whether the parties will require
court assistance;
(8) brief description of any unusual legal or logistical issues; and
(9) any other information ordered by the court.
CrimLR5.1. Arrest by Federal Agencies.
It shall be the duty of all federal agencies who arrest a federal defendant in
this district to give prompt notice of the arrest to the U.S. Probation and Pretrial
Services Office, who will then notify the duty magistrate judge.
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The federal agency shall also inform the U.S. Probation and Pretrial Services
Office whether the person is already represented by counsel or should be given the
opportunity to meet with a court-appointed attorney prior to his or her initial
appearance.
CrimLR5.2. Sealing of Information Filed with the Court.
(a) Leave of Court Required. Parties may not file pleadings, memoranda,
declarations, affidavits, or exhibits under seal without leave of court unless: (1) the
case is sealed; or (2) filing under seal is otherwise required by state or federal law,
these Criminal Local Rules, or an order already entered in the case. A stipulation or
blanket protective order that allows a party to designate matters to be filed under seal
will not suffice to allow the filing of the matter under seal.
The following documents shall be filed under seal automatically:
(1) unexecuted summonses or warrants, supporting applications, and
affidavits;
(2) Presentence Investigation Reports (including drafts) and
Sentencing Statements outlining objections or corrections to them;
(3) Statements of Reasons in the judgment of conviction;
(4) juvenile records;
(5) documents containing identifying information about jurors or
potential jurors;
(6) financial affidavits filed in seeking representation pursuant to the
Criminal Justice Act;
(7) ex parte requests for authorization of investigative, expert, or other
services pursuant to the Criminal Justice Act;
(8) competency evaluations;
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(9) filings setting forth the substantial assistance of Defendant in the
investigation or prosecution of another person pursuant to U.S.
Sentencing Guidelines § 5K1.1, Fed. R. Crim. P. 35, or 18 U.S.C.
§ 3553(e);
(10) motions for writs to produce incarcerated witnesses for testimony;
and
(11) motions for subpoenas.
In all other filings, the parties shall redact sealed information obtained from one
of the foregoing or rely on the public record. Mere reference to any of the foregoing
does not entitle a party to submit an entire filing under seal.
(b) Motions to File Under Seal. Parties may move to file under seal any
pleading, memorandum, declaration, affidavit, exhibit, or other matter if it contains
confidential, classified, restricted, or graphic information or images.
(1) Requirements.
(A) A motion to file under seal must:
(i) be filed in the public record of the case;
(ii) set forth the factual basis for sealing the filing without
disclosing confidential information; and
(iii) specify the applicable standard for sealing the
information and discuss how that standard has been
met.
(B) The motion need not be filed in the public record when
doing so would endanger the safety of Defendant or a witness. However,
if the court reviews the motion and does not believe the motion meets
this criteria, the court may unseal the motion.
(C) Redacted versions of the filings that are the subject of the
motion must be concurrently filed; if it is not feasible to do so, the
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movant must provide an explanation and a placeholder shall be filed as a
substitute.
(D) Concurrently with the filing of the motion, the movant must
submit a proposed form of order.
(E) The moving party must provide chambers with:
(i) copies of the sealed filings in sealed envelopes with a
copy of the title page attached to the front of each
envelope and a prominent legend indicating that the
envelope contains a proposed sealed filing; and
(ii) an editable, electronic version of the proposed order.
A list of chambers’ email addresses is available on
the court’s website.
(2) Response. Any opposition is due no later than seven (7) days
after the filing of the motion. If the court denies the motion, the movant shall
inform the court within four (4) days whether it wants to withdraw the
document or have it filed publicly. If the court does not receive such
notification within four (4) days, the document will be returned to the movant.
(3) Public Record. If a party wishes to file in the public record a
pleading, declaration, affidavit, exhibit, or other matter that has been designated
as confidential by another party pursuant to a protective order, or if a party
wishes to refer in a memorandum or other filing to information so designated
by another party, that party must move to file the matter publicly or obtain an
appropriate stipulation. The movant shall file and serve a copy of the pleading,
declaration, affidavit, exhibit, or other matter and submit a proposed form of
order in the same manner as provided in Subsection (1)(E).
Within seven (7) days after the motion to file a matter publicly is filed,
any party may oppose the motion and seek to have all or part of the matter
sealed. The matter may not be publicly filed until the court issues an order.
(4) Unsealing. If the court determines at any time that any pleading,
memorandum, declaration, affidavit, exhibit, or other matter has been
8
improperly sealed or no longer needs to be sealed, the court may order its
unsealing or take other appropriate action, including issuing sanctions against
the party or the party’s attorney responsible for the sealing.
(5) Reference to Sealed Material During a Hearing. Counsel and
parties at any hearing that involves sealed material shall argue, to the extent
practicable, the merits and the underlying facts of the motion or matter without
specifically discussing the sealed material in order to allow public access to
court proceedings to the fullest extent possible.
CrimLR5.3. Sealing of Hearings.
The court has discretion to determine the extent to which a hearing should be
sealed. Some hearings, or a portion of these hearings, may be sealed by the court
without formal written motion such as motions to withdraw and motions for new
counsel.
(a) Any party may move to seal a hearing. A motion to seal a hearing must:
be filed in the public record of the case; set forth the factual basis for the sealing
without disclosing confidential information; specify the applicable standard for
sealing the hearing and discuss how that standard has been met; and describe the
extent of the requested sealing.
(b) Motions to seal must be filed no later than five (5) days prior to the
scheduled hearing. No later than three (3) days after the filing of a motion to seal a
hearing, any person may file an opposition.
CrimLR6.2. Extending or Shortening Time.
All stipulations or applications to extend or shorten time shall indicate on the
first page the sequential number of such request, e.g., “Second Stipulation to Extend
Time.” The request shall state the total amount of time previously obtained by
extension or shortening and the reason for the request.
CrimLR7.9. Telephone Appearances.
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Counsel seeking to appear at a motion hearing by telephone must make a
request by letter to the court, with copies to all parties, as far in advance of the
hearing as practicable. The letter shall include the telephone number at which
counsel will be available and shall include the position of all other counsel
regarding the request. Whether such an appearance will be considered, what
procedural requirements will be imposed, and the type of relief granted are within
the sole discretion of the court. Telephone appearances by cellular telephone are
discouraged.
CrimLR7.10. Ex Parte Applications and Motions.
Any application or motion filed on an ex parte basis must include a
declaration that states why a regular motion could not be submitted and sets forth
the positions of other parties with respect to the request, if applicable and/or
known.
CrimLR10.2. Form of Documents Presented for Filing.
(a) Form of Documents.
(1) All documents presented for filing shall be unbound on white
opaque paper of good quality, eight and one-half (8 1/2) inches by eleven
(11) inches in size, with one (1) inch margins, and shall be flat, unfolded
(except when necessary for the presentation of exhibits), without back or
cover, and shall comply with all other applicable provisions of the Criminal
Local Rules.
(2) All memoranda, including footnotes, shall utilize Times New
Roman in 14-point font, Century Schoolbook in 12-point font, or Century in
12-point font, except that italics, underlining, or boldface may be used for
emphasis.
(3) All documents shall be clearly legible with text appearing on
one side of each sheet only.
(4) All documents shall be double-spaced except for the
identification of counsel, title of the case, footnotes, quotations, and exhibits.
(b) Identification of Person Filing a Document.
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The name, Hawaii bar identification number, address, telephone number, and
email address of counsel (or, if pro se, of the party), and the specific identification
of each party represented by name and interest in the litigation (e.g., plaintiff,
defendant, etc.) shall appear in the upper left corner of the first page of each
document presented for filing, except that in multi-party actions or proceedings,
reference may be made to the signature page for the complete list of parties
represented.
(c) Caption, Case Numbers, and Title.
Following the identification of the person filing the document, there shall
appear:
(1) the title of the court;
(2) the title of the action or proceeding;
(3) the case number of the action or proceeding, followed by the
initials of the judge(s) to whom it is currently assigned;
(4) a title describing the document; and
(5) any other matter required by the Local Rules.
(d) Exhibits, Declarations, and Affidavits.
Original documents and Mandatory Chambers Copies (see CrimLR10.3) of
exhibits, declarations, and affidavits shall have appropriately labeled tabs. All
exhibits attached to documents shall show the exhibit number or letter at the bottom
of the first page of the exhibit. Exhibits, declarations, and affidavits shall not
contain cover sheets in lieu of tabs.
To the extent possible, parties should refrain from submitting multiple
copies of the same exhibit.
Exhibits may be copies but must be clearly legible and not unnecessarily
voluminous. Unless otherwise authorized by the court or necessary for the
presentation of exhibits, all exhibits shall be printed on one side only and shall be
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on white opaque paper of good quality, eight and one-half (8½) inches by eleven
(11) inches. Counsel are required to reduce oversized exhibits to eight and one-
half (8½) inches by eleven (11) inches unless such reduction would destroy
legibility or authenticity. An oversized exhibit that cannot be reduced shall be
filed separately with a captioned cover sheet, identifying the exhibit and the
document(s) to which it relates. Such oversized exhibits may, at the discretion of
the clerk, be kept out of the electronic docket, but will be retained by the court.
Non-paper physical exhibits shall not be attached to any document. A non-
paper physical exhibit shall be placed in a secure container labeled with the case
name, case number, and the name, address, and telephone number of the submitting
party; and submitted to the court with a separately filed notice. The notice shall
include a description of the exhibit and an explanation for why it is not possible to
attach the exhibit to the document to which it relates. Unless the filer is exempted
from electronic filing, the notice shall be filed electronically. The exhibit, the
notice, and the applicable Notice of Electronic Filing (NEF) shall be presented to the
clerk’s office.
Exhibits that are audio or video recordings may be submitted on a CD, DVD,
or thumbdrive contained in a sleeve attached to an exhibit page. Any passwords
required to access the audio or video recordings must be listed on the exhibit page.
Parties submitting such exhibits shall electronically file the exhibit page which shall
read “PHYSICAL [CD/DVD/THUMBDRIVE] PROVIDED TO COURT.”
(e) Signatures on Declarations and Affidavits.
Declarations and affidavits may be submitted with electronic signatures. The
party and/or attorney must maintain the declaration or affidavit with the original
signature.
(f) In Camera Submissions.
Documents submitted for in camera inspection shall have a captioned cover
sheet that indicates the document is being submitted in camera and shall include an
envelope large enough for the in camera documents to be sealed without being
folded.
(g) Effect of Non-Compliance.
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In the event a party fails to comply with the rule on the form of documents,
the court may order the prompt refiling of the document in proper form or strike
the offending document.
CrimLR10.3. Mandatory Chambers Copies.
(a) When Required.
Except for prisoners proceeding pro se, two (2) Mandatory Chambers Copies
are required of the following: informations; indictments and superseding
indictments; any document pertaining to a request for court action, including
motions, appeals, and petitions, and any opposition to and reply in support, as well as
exhibits, declarations, and affidavits in any way related to the request for court
action; Final Pretrial Conference Statements; and trial briefs.
Mandatory Chambers Copies of the following are not required: appearances
of counsel, certificates of service, routine discovery (including disclosures, expert
reports, etc.), and returns of service.
(b) Format.
(1) All Mandatory Chambers Copies shall indicate which judge
should receive the copies.
(2) Mandatory Chambers Copies must comply with all Local Rule
requirements, including the tabbing of exhibits and declarations or affidavits.
(3) If a document has been filed electronically, the Mandatory
Chambers Copies should consist of a printout of the filed document,
showing the ECF header containing the filing information.
(4) Mandatory Chambers Copies shall be held together with a
single staple in the upper left corner. In lieu of a staple, rubber bands or
binder clips are acceptable. Metal prongs and fasteners are not allowed.
Voluminous filings should be organized in binders.
(c) Timing.
(1) If a document is filed in hard copy, the Mandatory Chambers
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Copies must be submitted at the time the original document is filed.
(2) Mandatory Chambers Copies of electronically filed documents
may be mailed to the clerk’s office if they are mailed from anywhere in
Hawaii no later than the business day following the date the document was
filed.
(3) If a document concerns an imminent or expedited proceeding,
Mandatory Chambers Copies shall be delivered as soon as possible after
filing.
CrimLR10.5. Form of Stipulations.
A stipulation requiring approval of the court shall contain the words
“APPROVED AND SO ORDERED,” and a designated signature line for the judge.
The caption and title of the document must appear on the signature page.
Stipulations must comply with CrimLR6.2, if applicable. Proposed stipulations may
be sent by email to the appropriate judge’s Orders inbox via the email addresses
available on the court’s website.
CrimLR11.1. Sanctions and Penalties for Non-Compliance with the
Criminal Local Rules.
Failure of counsel or a party to comply with any provision of the Criminal
Local Rules is a ground for imposition of appropriate sanctions, including a fine or
dismissal. Sanctions may be imposed by the court sua sponte consistent with
applicable law.
CrimLR12.1. Hearings on Non-Discovery Pretrial Motions.
Dispositive motions shall be heard by a district judge and
non-dispositive matters shall be heard by a magistrate judge, except as otherwise
provided or unless otherwise ordered by a district judge.
CrimLR12.2. Motions and Supporting Documents.
(a) Timing.
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(1) Standard Motions. The court may decide all matters, including
motions and appeals, with or without a hearing unless a hearing is specifically
required. The court may set a deadline for responses.
Otherwise, absent a showing of good cause, all motions and responses
shall be filed by the deadlines set out in the Criminal Scheduling Order in
CrimLR 2.1. Any motions for leave to continue a deadline, either to file a
motion or respond to a motion, must be filed at least one (1) day prior to the
deadline the requesting party seeks to continue.
Unless otherwise authorized or directed by the court, a reply shall not be
filed. Motions for leave to file a reply must be filed within two (2) days after
the filing of the response.
(2) Expedited Motions. The court will set briefing schedules and
necessary hearings for motions that must be addressed on an expedited basis.
(b) Briefing Requirements. Motions, oppositions, appeals, and objections
to magistrate judges’ orders and responses thereto shall contain: the relevant facts,
supported by declarations, legal authority, arguments, and the remedy sought. A
party need not file a separate memorandum; one document per motion, opposition,
appeal, objection, or response suffices.
Any opposition that is untimely filed may be disregarded by the court or
stricken from the record.
Motions and oppositions fifteen (15) pages or longer shall include a table of
contents and table of authorities.
(c) Non-Opposition. Any party not opposing a motion shall file a statement
of no opposition within the time provided for responding to the motion.
(d) Motions Before Magistrate Judges. For many motions in a criminal
case to be heard by magistrate judges, the hearing and briefing schedules set out in
Subsection (a)(1)–(2) are not appropriate. Instead, the court will set a deadline for the
response and a hearing date, if necessary, after such a motion is filed. The motions to
be heard by a magistrate judge include but are not limited to motions to detain,
motions for reconsideration of detention, motions related to modifying or adding
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conditions of release, and motions to declare a case complex. The government’s
motion to detain is presumed to be opposed by Defendant, with or without a written
opposition.
Other than the government’s motion to detain, any opposing party shall file a
written response by the deadline set by the court or, at the latest, by the day prior to
the hearing.
CrimLR12.3. Supplemental Authorities.
If, after briefing on a motion is complete, a party intends to rely on authorities
not previously offered to the court, that party may promptly file a Notice of
Supplemental Authorities. The Notice of Supplemental Authorities shall list the
additional authorities, including pinpoint citations, on which the party intends to rely
and include a short parenthetical describing the proposition of law for which each
authority is cited.
CrimLR12.4. Joinders.
Except with leave of court based upon a showing of good cause, any
substantive joinder in a motion or opposition must be filed and served within three (3)
days of the filing of the motion or opposition joined. If a party seeks the same relief
sought by the movant for himself, herself, or itself, the joinder shall clearly indicate
that.
A separate opposition may be filed in response to a substantive joinder in a
motion or opposition, respectively. Joinders in motions must specifically identify the
pending motion to which the joinder applies by docket number.
Unless otherwise ordered by the court, when an underlying motion is
withdrawn, any joinders are also treated as withdrawn.
CrimLR12.5. Proceedings Under Advisement by the Court.
For purposes of 18 U.S.C. § 3161(h)(1)(H), a proceeding concerning Defendant
is actually under advisement by the court on the latest of:
(a) The date that the last brief is timely filed;
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(b) If an optional brief is not filed, the date the last optional brief would
have been due pursuant to these local rules or order of the court;
(c) If the last brief is untimely filed, the later of:
(1) the date the last brief is untimely filed; or
(2) if the court announces a determination as to whether to
consider the untimely filing or not, the date of that
announcement; or
(d) If the court holds hearing(s), the date of the last hearing on the matter.
CrimLR16. Discovery and Inspection.
The court expects complete and efficient discovery in criminal cases consistent
with applicable statutes, case law, and rules of the court.
Nothing in this rule should be construed as a limitation on the parties’
discovery obligations and the court’s authority to order additional discovery.
The parties are to expedite the transfer or inspection of discoverable material in
criminal cases and honor the continuing obligation to do so with additional materials.
The parties must ensure that pretrial discovery motions to the court are filed only
when the discovery procedures outlined herein have failed to result in the exchange of
all discoverable material.
(a) Government’s Discovery Obligations.
The government shall provide Defendant the following as related to the
charged case:
(1) all discovery required by Fed. R. Crim. P. 16(a);
(2) all exculpatory information under Brady v. Maryland,
373 U.S. 83 (1963), and its progeny;
(3) notice of, and information about, any identification
proceeding, including photographs used in any
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photograph line-up, show-up, or any other
identification;
(4) any search warrants and supporting affidavits that
resulted in the seizure of evidence that was obtained
from or belongs to Defendant; and
(5) whether Defendant was the subject of any electronic
eavesdrop, wiretap, or any other communications of
wire or oral interception, as defined by 18 U.S.C.
§ 2510, et seq., in the course of the investigation of the
case.
(b) Discovery Presumed to be Requested by Defendant.
Requests for discovery required by Fed. R. Crim. P. 16 are entered for
Defendant by this rule so that Defendant need not make any further requests for such
discovery.
If Defendant does not request discovery required under Subsection (16)(a), he
or she shall file a notice to the government within five (5) days after arraignment. If
such a notice is filed, the government is relieved of any discovery obligations to
Defendant imposed by this rule including Fed. R. Crim. P. 16.
(c) Discovery Conference.
(1) At every arraignment at which Defendant enters a plea of not
guilty, or other time as ordered by the court, the court will set a Rule 16.1
discovery conference no later than 14 days after the arraignment. See Fed. R.
Crim. P. 16.1(a). This conference should be conducted in person, by
videoconference, or telephone.
(2) During the conference, or as soon as practicable thereafter
considering the size and complexity of the case, the parties should consider the
manner of fair and efficient discovery in the criminal case. Topics for
discussion may include, whether:
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(A) there is likely to be additional discovery material or
reciprocal discovery material to be provided, and, if so, the expected
timing for the production of that discovery;
(B) there are likely to be affirmative defenses and the timing of
those disclosures;
(C) the case can be resolved through plea negotiations and the
appropriate timing for making and responding to plea offers;
(D) a scheduling order could be submitted to the court to reflect
discovery agreements and to propose alternative deadlines for filings,
including but not limited to: (i) pretrial motions; (ii) expert disclosures;
and (iii) the early exchange of preliminary, non-binding exhibit lists and
witness lists, to facilitate the efficient review of discovery and
preparation for trial;
(E) the trial date set in the Criminal Scheduling Order is
realistic and, if not, what a realistic date might be; and
(F) it would be beneficial to have a status conference in the case
to address discovery, to include case budgeting through the Ninth
Circuit.
(d) Discovery from Defendant.
Unless Defendant has declined discovery under Subsection (b), the defense
shall comply with the requirements in Fed. R. Crim. P. 16(b) at or before the Rule
16.1 discovery conference if feasible or, alternatively, on a timetable agreed to by the
parties or ordered by the court.
(e) Continuing Duty to Disclose.
If, prior to or during trial, a party discovers additional evidence or material
previously requested or ordered, which is subject to discovery or inspection under this
rule, the party shall promptly notify the other party or the court of the existence of the
additional evidence or material.
(f) Motion to Compel Discovery or Disclosure.
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All motions for disclosure or discovery shall contain a certification that the
movant has complied with meet and confer requirements. A motion to compel
disclosure or discovery shall be accompanied by a declaration by counsel which shall
set forth:
(1) certification of full compliance with the Rule and the date of the
conference held pursuant to Fed. R. Crim. P. 16.1(a);
(2) the name of the attorney for the government and defense counsel
present at the conference;
(3) the matters which were agreed upon; and
(4) the matters which are in dispute and which require the
determination of the court.
(g) Sanctions for Failure to Comply.
(1) Against a Party. If at any time during the course of the
proceedings it is brought to the attention of the court that a party has failed to
comply with this rule, the court may order such party to permit the discovery or
inspection, grant a continuance, prohibit the party from introducing evidence
not disclosed, or may enter such order as it deems just under the circumstances.
(2) Against an Attorney for a Party. If at any time during the course
of the proceedings it is brought to the attention of the court that an attorney for
a party has unjustifiably failed to comply with this rule, which failure was after
a specific request for compliance with this rule by opposing counsel
specifically for the material which is the subject of non-compliance, in addition
to the sanctions imposed against the party as provided above, the court may
punish any such counsel or attorney with a fine. The imposition of such a fine
is not to be deemed a finding of contempt.
(h) Other Disclosures and Requirements.
The assigned district judge may impose additional dates and deadlines in
criminal cases for other disclosures and requirements between the parties under
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applicable statutes, case law, and rules of the court other than Fed. R. Crim. P. 16.
See CrimLR 2.3(a) (trial conference before the district judge). Other disclosures and
requirements include witness lists, exhibit lists, witness statements, notice under Fed.
R. Evid. 404(b), and statements of witnesses under the Jencks Act, 18 U.S.C. § 3500.
CrimLR16.6. Motions in Limine.
The caption to a motion in limine or response to a motion in limine should
reflect both the general subject matter of the motion in limine and identify the
motion by number, e.g., “Motion in Limine No. 1. re: Exclusion of Prior Bad Acts.”
CrimLR16.7. Status Conferences.
Status conferences may be scheduled sua sponte or upon request of any party
after consultation with all other parties. No status conference statement need be filed
unless requested by the court.
CrimLR17.1. Pretrial Orders.
Prior to the trial conference before the district judge under CrimLR 2.3(a),
the court may issue a pretrial order or orders relating to any or all of the following
items, so far as practicable:
(a) date of production of statements or reports of witnesses under the
Jencks Act, 18 U.S.C. § 3500;
(b) date of production of grand jury testimony of witnesses intended to
be called at the trial;
(c) date of production of evidence favorable to Defendant on the issue of
guilt or punishment, as required by Brady v. Maryland, 373 U.S. 83
(1963), and related authorities and impeachment material, cooperation
agreements, plea agreements, promises of leniency, and records of
criminal convictions, required by Giglio v. United States, 405 U.S.
150 (1972), and its progeny;
(d) stipulation of facts that may be deemed proved at the trial without
further proof by either party;
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(e) appointment by the court of interpreters under Fed. R. Crim. P.
28;
(f) dismissal of certain counts and elimination from the case of
certain issues (e.g., insanity, alibi, and statute of limitations);
(g) severance of trial as to any co-defendant or counts, and joinder of any
related cases;
(h) use or identification of informant, use of line-up or other
identification procedures, use of evidence of prior convictions of
Defendant or of any witness;
(i) pretrial resolution of objections to exhibits or testimony to be
offered at trial;
(j) preparation of trial briefs on controversial points of law likely to
arise at trial;
(k) scheduling of the trial and of witnesses;
(l) submission of jury instructions and voir dire jury questions;
(m) the government’s intention to introduce evidence of other
crimes, wrongs or acts under Fed. R. Evid. 404(b);
(n) whether there are percipient witnesses whom the government does
not intend to call in its case-in-chief;
(o) date of exchange of the names of witnesses intended to be called to
testify at trial in each respective case-in-chief; and
(p) date of exchange of lists of exhibits and copies of the documentary
exhibits.
CrimLR30.1. Jury Instructions.
Unless otherwise ordered, jury instructions must be submitted consistent with
the following:
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(a) Prior to any conference with the court or meeting with counsel about jury
instructions, the court encourages the parties to review the circuit’s standard criminal
jury instructions and other uniform jury instructions. A district judge also may have
designated a set of standard jury instructions that can be found on the court’s website
under “Judges’ Requirements.” If so, the parties should reference and consider these
instructions as well.
The parties must exchange proposed instructions, meet and confer about
instructions, and submit agreed-upon and, if any, additional proposed jury instructions
by the deadlines determined by the district judge. See CrimLR2.3 (trial conference
before the district judge).
(b) By the deadlines set out by the district judge presiding at trial, the parties
shall:
(1) serve their proposed instructions upon each other and meet and
confer about the applicable jury instructions;
(2) submit one complete set of all agreed upon instructions to the
court;
(3) if, in addition to the one set of agreed upon instructions, any party
has proposed instructions, then they shall submit a separate set of
proposed instructions on which agreement could not be reached;
and
(4) file written objections to an opposing party’s proposed jury
instructions.
(c) Each instruction submitted to the court must: begin on a separate page,
be numbered consecutively, and cite to a model or uniform jury instruction number,
caselaw, statute, or rule.
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(d) Any modifications of the Ninth Circuit Model Jury Instructions or any
other form instructions must specifically identify the modification made and the
authority supporting the modification.
(e) In addition to filing the instructions, the parties shall concurrently submit
an electronic copy of their agreed upon and separately proposed instructions by e-mail
to the court’s Orders inbox, available on the court’s website, in Microsoft Word
format unless otherwise directed by the court.
(f) The district judge shall schedule a hearing to settle any disputed jury
instructions.
CrimLR32.1. Plea Procedure.
(a) Standard Plea Agreements. When the parties agree to a guilty plea
pursuant to a plea agreement, they must jointly submit the written plea agreement to
the judge presiding over the plea hearing. The plea agreement must include:
(1) the terms of the plea agreement;
(2) the maximum penalties and any applicable mandatory minimum
penalties;
(3) to the extent possible and in compliance with U.S. Sentencing
Guidelines § 6B1.4, stipulations with respect to the applicable
sentencing guidelines; and
(4) any agreement related to cooperation.
(b) Guilty Pleas Without A Plea Agreement. When Defendant wishes to
enter a guilty plea without a plea agreement, the government shall submit a
memorandum to the judge presiding over the plea hearing, no later than 12:00 p.m. on
the working day prior to the scheduled hearing. At a minimum, this memorandum
shall include:
(1) the counts to which Defendant is pleading guilty;
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(2) the maximum penalties and any applicable mandatory minimum
penalties;
(3) the elements of those counts; and
(4) an offer of proof of what the government expects it could prove at
a trial.
CrimLR32.2. Sentencing Procedure.
(a) Definitions.
(1) A “Sentencing Statement” is a formal objection to the draft
Presentence Report and shall include objections, if any, concerning factual
information, sentencing guideline ranges and policy statements, and shall
address how any objection affects the proposed guideline calculation.
(2) A “Sentencing Memorandum” is a party’s written argument
regarding the appropriate sentence.
(3) A party seeks a “departure” when it requests a sentence imposed
outside of the applicable guideline range based on specific sentencing
guidelines.
(4) A party seeks a “variance” when it requests a sentence imposed
outside of the applicable guideline range based on statutory sentencing factors
set forth in 18 U.S.C. § 3553(a).
(b) Presentence Investigation Reports (Presentence Reports).
A presentence investigation and report to the court will be conducted before the
imposition of sentence, except as otherwise permitted by U.S. Sentencing Guidelines
§ 6A1.1. Defendant may only waive preparation of a presentence report with the
court’s permission. The probation officer shall report the facts disclosed by the
presentence investigation in the presentence report, and the parties shall not be
permitted to stipulate to the elimination of relevant facts from the report.
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(1) To provide sufficient time for drafting and finalizing the
presentence report, the sentencing date, except for good cause, shall be set not
less than fourteen (14) weeks following an adjudication of guilt.
(2) No less than thirty-five (35) days prior to the sentencing date, the
probation officer shall provide a copy of the draft presentence report to the
parties. Defense counsel shall be responsible for disclosing the report to
Defendant.
(3) Within fourteen (14) days after receiving the report or by a
deadline designated by the probation officer, the parties must file their
Sentencing Statement or their statement of no objection to the draft presentence
report.
A copy shall be submitted to the U.S. Probation and Pretrial Services
Office and served upon all other counsel. Upon receipt of any such objections,
the probation officer shall conduct any further investigation and make any
revisions to the presentence report that are deemed necessary.
(4) Not less than fourteen (14) days prior to the sentencing date, the
final presentence report shall be submitted to the court and to all parties under
seal and shall address any unresolved objections, the grounds for these
objections, and the probation officer’s comments on them.
(c) Government Motions. Not less than fourteen (14) days prior to the
sentencing date, the government may file a motion pursuant to U.S. Sentencing
Guidelines § 5K1.1 or 18 U.S.C. § 3553(e).
(d) Request for Evidentiary Hearing. Not less than ten (10) days prior to
the sentencing date, any party seeking an evidentiary hearing must file a request for
such hearing. The party seeking the evidentiary hearing shall include names of
witnesses, lists of exhibits, and the expected duration of their presentation, if known.
The opposing party shall respond seven (7) days prior to the sentencing date. If the
opposing party intends to call witnesses in the event the request for evidentiary
hearing is granted, that party shall file its own witness list, exhibit list, and statement
of the expected duration of their presentation seven (7) days prior to the sentencing
date.
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(e) Sentencing Memoranda. Not less than five (5) days prior to the
sentencing date, sentencing memoranda should be filed by: defense counsel
responding to a motion filed under Subsection (c); any party seeking a variance from
the applicable guideline range; or any party responding to objections raised in the
Sentencing Statements.
Sentencing memoranda may contain confidential information that shall be filed
in redacted form. This may include information about cooperation activity or
confidential information derived from the presentence report or other material.
Confidential information derived from the presentence report includes the following:
juvenile criminal history, child protective services information, medical records,
mental health records, records from substance abuse treatment providers, state
benefits information, unemployment benefits information, worker’s compensation
information, military records, and child support records.
In instances where a redacted sentencing memorandum is filed, an unredacted
version of the sentencing memorandum shall be filed under seal. Any document filed
under seal pursuant to this rule shall include the following notation: “WARNING:
This Document is Filed Under Seal Pursuant to CrimLR32.2.” In all other instances,
parties seeking to file a sentencing memorandum or attachments under seal must
move to seal the memorandum or attachments.
(f) Other Sentencing Submissions. In addition to the requirements set
forth in Subsection (e), anything submitted for the court’s consideration (including
letters of support) shall adhere to redaction rules under Fed. R. Crim. P. 49.1.
(g) Sentencing Hearing. The parties shall be prepared at the sentencing
hearing to proceed with evidence and argument for the resolution of any remaining
disputed matters upon which the court may rely. The parties should advise the court
in advance if they intend for anyone other than the attorneys and Defendant to speak
at the sentencing hearing.
(h) Expedited Sentencing Procedure. Where the parties agree at the time
of plea that an expedited sentencing is warranted, the parties shall, within one (1)
business day of the entry of the guilty plea, file a Joint Request for Expedited
Sentencing, and serve the request on the probation officer. The request shall outline
the anticipated guideline range, the approximate amount of time Defendant has
27
served, and any other reason that supports the request. It must also contain
Defendant’s waiver of any notice provisions outlined in Fed. R. Crim. P. 32(e).
Where a presiding judge grants the request for an expedited sentencing, the
draft presentence report shall be issued no later than thirty (30) days after the change
of plea. The parties shall file Sentencing Statements within three (3) days of
receiving the draft presentence report. In such cases, final presentence reports shall
be submitted no less than three (3) days prior to sentencing.
CrimLR40.2. Assignment of Similar Cases: Notice of Related Case.
When it appears that two or more pending or completed criminal proceedings
filed in this district involve the same or substantially identical transactions,
happenings, or events, or for any other reason said actions or proceedings could be
more expeditiously handled if assigned to the same judge, the party with knowledge
of the related case shall file a Notice of Related Case in each pending proceeding.
The Notice of Related Case must briefly describe why the actions or
proceedings are related, including all facts that appear material to that
determination, and must be served on all parties as soon as practicable. The court
may, in its discretion, reassign any or all cases identified in a Notice of Related Case
to a single judge, with a presumption that the cases will be assigned to the judge
presiding over the case with the oldest case number. Reassignment may also occur
sua sponte.
CrimLR44.1. Criminal Justice Act of 1964 Plan.
Appointment of counsel shall be made in accordance with the district’s plan
adopted pursuant to the Criminal Justice Act of 1964 (CJA Plan). Under the CJA
Plan for the appointment of counsel, the Office of the Federal Public Defender or, if
that office has a conflict of interest, an attorney serving on the district’s panel of
experienced criminal defense attorneys (CJA panel) will be contacted before the
initial appearance.
CrimLR44.2. Right to and Appointment of Counsel.
Defendant in a criminal case alleging a felony or serious misdemeanor shall
have the right to counsel.
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Defendant will have counsel for all qualifying criminal proceedings. In felony
and serious misdemeanor matters, Defendant will have counsel, retained or appointed,
as early as the initial appearance and throughout the criminal case.
(a) Counsel shall consult with Defendant and submit a completed financial
affidavit to the court before, during, or immediately following the initial appearance.
Under penalty of perjury, Defendant shall swear to the accuracy of the information
included.
(b) The court will review Defendant’s financial affidavit, determine whether
Defendant qualifies for appointment of counsel, and, if so, appoint counsel. The court
may provisionally appoint counsel before a financial affidavit is submitted by
Defendant through counsel.
(c) If Defendant seeks to retain counsel or does not qualify for court-
appointed counsel, then the court will grant a reasonable continuance, not to exceed
seven (7) days at any one time, of the next scheduled criminal hearing such as the
arraignment or detention hearing. If Defendant fails for an unreasonable time to
appear with his or her own counsel, the district judge or duty magistrate judge shall
appoint counsel, subject to the applicable financial eligibility requirements.
(d) Defendant has the right to proceed in a criminal case without counsel. If
Defendant elects to proceed without counsel, he or she shall sign and file a
court-approved form of waiver of right to counsel. The court shall conduct an inquiry
with Defendant about the decision to waive counsel and Defendant’s ability to
represent himself or herself in the criminal proceeding. After the appropriate
colloquy with Defendant, the court may allow Defendant to proceed without counsel
and forego the appointment of counsel.
(e) In an appropriate case, the district judge or a magistrate judge may
nevertheless designate counsel to advise and assist Defendant who elects to proceed
without counsel to the extent Defendant might thereafter desire. This appointment is
referred to as “stand-by counsel.” Appointment of stand-by counsel also is made in
accordance with the CJA Plan.
(f) Defendant is not entitled to counsel in a 28 U.S.C. § 2255 proceeding,
except as required by Rule 8(c) of the Rules Governing Section 2255 Proceedings for
the United States District Courts.
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CrimLR44.3. Pro Se Participation, Substitutions, and Withdrawal of
Counsel.
(a) Pro Se Participation.
Defendant may represent himself or herself pro se. However, when Defendant
is represented by an attorney, Defendant may not act on his or her own behalf in the
action, including communicating with the court. The court may strike any document
filed by Defendant on his or her own behalf when Defendant is represented by
counsel in the action. The court may only hear from a represented defendant in
limited circumstances, such as a motion to withdraw counsel.
(b) Substitution and Withdrawal.
An attorney who has appeared on behalf of Defendant in a criminal case and
thereafter desires to withdraw must provide notice to Defendant and file a motion to
withdraw. To the extent possible, the motion must specify the reasons requiring
withdrawal. Until the court enters an order finding that good cause exists and
granting leave to withdraw, the attorney shall continue to represent Defendant until
the case is dismissed, Defendant is acquitted, or, if convicted, the time for making
post-trial motions and for filing notice of appeal, as specified in Fed. R. App. P. 4(b),
has expired, and until counsel has satisfied the requirements of Fed. R. App. P. 3.
CrimLR44.4. Appointment of Counsel for Misdemeanor and Petty Offenses.
The court must provide a court-appointed attorney to an indigent person who is
charged with:
(a) A Class A misdemeanor (defined as any offense, including violations of
state or local law charged under the Assimilated Crimes Act, that is punishable by a
term of imprisonment of one year or less but more than six months);
(b) A petty offense (a Class B or C misdemeanor or an infraction for which a
sentence of imprisonment is authorized, including violations of state or local law
charged under the Assimilated Crimes Act).
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If the court determines that no sentence of imprisonment will be imposed in the
event of conviction, however, the court may provide a court-appointed attorney to an
indigent person who is charged with a petty offense under federal, state, or local law,
if it determines that the interest of justice so requires.
CrimLR46.1. Appearance Bond.
A person required to give bail shall execute the type of bond or promise to
appear required by the judicial officer specifying the conditions thereof. The bond
or promise to appear shall substantially conform in both form and content to the
appropriate form approved by the court.
CrimLR46.2. Posting Security.
When the release of Defendant is conditioned upon the deposit of cash or
other security with the court, such deposit shall be made with the clerk or the
marshal, as authorized.
CrimLR46.3. Types of Bonds in Criminal Cases.
A person charged with a criminal offense in which a secured bond has been
required may, in the discretion of the court, furnish in lieu of cash a commercial
surety bond or a secured interest in real estate, which shall be referred to as a
“property bond.”
(a) Surety Bonds.
Surety bonds for the appearance of a person charged with a criminal offense
shall require the execution of a bail bond or equivalent security as provided in
LR65.2.
(b) Property Bonds.
For real property to qualify as adequate security:
(1) the real property, whether located within the State of Hawaii or
a sister state, territory, or commonwealth, must have an equity value, after
deducting the outstanding balance of any existing lien or encumbrance, in
an amount not less than the principal amount of the bail set;
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(2) the title owner of the property shall furnish a mortgage on the
property in favor of the clerk and shall deliver to the court such mortgage
note as security for the bond;
(3) prior to release of the person charged, the mortgage shall be
recorded in the State of Hawaii Bureau of Conveyances or filed with the
Registrar of the State Land Court. In the event that the property is located in
a sister state, territory, or commonwealth, the mortgage or deed of trust shall
be recorded in the designated office required by the law of such state,
territory, or commonwealth, and evidence thereof shall be furnished to the
court; and
(4) the value of the property must be established by
evidence satisfactory to the court.
CrimLR46.4. Filings Relating to Release or Pretrial Detention of a
Defendant.
Whenever a document relating to the release or detention of a pretrial
defendant is filed with the court, a copy of the document shall be served on the
U.S. Probation and Pretrial Services Office. This rule applies to, for example,
motions to detain, motions for reconsideration of a release or detention order,
and appeals of a magistrate judge’s release or detention order.
CrimLR47.1. Research on Jurors or Prospective Jurors.
(a) Except as authorized by the court, attorneys, parties, witnesses, and
their respective representatives may not initiate contact with any juror concerning
any case in which that juror was summoned to appear.
(b) Attorneys may use websites available to the public, including social
media websites, for juror or prospective juror research, provided:
(1) the attorney does not send an access request to a juror’s social
media accounts;
(2) no direct communication or contact occurs between the attorney
and a juror or prospective juror as a result of the research,
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including, but not limited to Facebook “friend” requests, Twitter
or Instagram “follow” requests, LinkedIn “connections”
requests, or other forms of internet and social media contact;
(3) social media research is done anonymously. A search on a
social media site must not disclose to the juror or
prospective juror the identity of the party who is making the
inquiry; and
(4) deception is not used to gain access to any website or to obtain
any information.
(c) Third parties working for the benefit of or on behalf of any attorney
must comply with all the same restrictions as set forth above for attorneys.
(d) If an attorney becomes aware of a juror’s case-related posting on the
internet while the case remains pending in this court, the attorney shall report the
posting to the court.
CrimLR57.1. Duties of Magistrate Judges.
In criminal cases, each magistrate judge shall exercise all the powers conferred
or imposed by law and the Federal Rules of Criminal Procedure and may:
(a) exercise general supervision of criminal calendars when requested by a
district judge;
(b) conduct arraignments, enter not guilty pleas, and schedule trial dates;
(c) receive grand jury returns in accordance with Fed. R. Crim. P. 6(f);
(d) conduct preliminary hearings, removal and necessary procedures
leading to potential revocation of probation;
(e) preside over misdemeanor cases in accordance with these rules;
(f) issue subpoenas, writs of habeas corpus ad testificandum or ad
prosequendum or other orders necessary to obtain the presence of
