LOCAL CRIMINAL RULES OF THE
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF
LOUISIANA
EFFECTIVE February 1, 2011
PREAMBLE
The Local Criminal Rules may be cited as “LCrR_____”.
LOCAL CRIMINAL RULE 5 - INITIAL APPEARANCE BEFORE THE MAGISTRATE
JUDGE
LCrR5.1 Allotment of Cases and Additional Duties
LCrR5.2 Assignment of Matters to the Magistrate Judge
LCrR5.1 Allotment of Cases and Additional Duties
Unless the court orders otherwise, criminal cases will be allotted to the magistrate
judges in the same manner as cases are allotted to the judges.
A. All proceedings including trial and imposition of sentence in petty
offense and other misdemeanor cases, subject to the limitations of 18
USC 3401;
B. Arraignments and all other non-dispositive proceedings in other criminal
cases that may under these rules be conducted by the magistrate
judges, including without limitation, simplified motion hearings, motions
related to deposition, discovery, inspection, subpoenas, bills of
particular and mental or other examinations, but excluding motions to
suppress, motions for trial continuances and motions for withdrawal or
substitution of counsel;
C. All proceedings a magistrate judge is authorized to conduct by Rules 3,
4, 5, 5.1, 40(b), and 41, Federal Rules of Criminal Procedure;
D. Proceedings to order release or detention of arrested persons pursuant
to 18 USC 3141 et seq.;
E. Receiving return of indictments by the grand jury and issuance of bench
warrants for defendants named in the indictment, when necessary.
F. Conduct extradition proceedings pursuant to 18 USC 3184;
G. Upon referral by a district judge, conduct pre-trial and scheduling conferences,
and enter scheduling orders.
H. Hear motions, enter orders, conduct hearings, and make findings of fact and
recommendations to the court on mental competency matters as provided in 18
USC 4244.
Nothing in these rules shall preclude a judge from withdrawing the reference of any
matter. [Amended February 1, 2011]
LCrR5.2 Assignment of Matters to the Magistrate Judge
A magistrate judge will be designated as the criminal magistrate judge. All magistrate
judges shall perform criminal duty responsibilities on a rotating basis after regular business
hours, on weekends, and as the court specifies. The criminal magistrate judge shall:
1. Conduct preliminary proceedings in criminal cases, pursuant to Rules 3,
4, 5, 5.1, 40 and 41 of the Federal Rules of Criminal Procedure;
2. Receive returns of the Grand Jury;
3. Set conditions of bail and order release or detention of arrested persons
in accordance with 18 USC 3141, except that the magistrate judge who
initially sets the conditions of release shall also conduct all subsequent
proceedings related to detention or release of the defendant;
4. Conduct the arraignment in criminal cases;
5. Conduct proceedings in petty offense cases brought pursuant to the
Migratory Bird Treaty Act and under the Central Violations Bureau.
LOCAL CRIMINAL RULE 6 - Grand Jury
LCrR6.1 - Unauthorized Presence When Grand Jury Is in Session
LCrR6.2 - Interviewing Witnesses Before Grand Jury
LCrR6.1 - Unauthorized Presence When Grand Jury Is in Session
No person shall introduce or possess any type of camera, recording equipment or
other type of electric or electronic device in the grand jury room or in the hall adjacent to the
grand jury space while, or immediately before or after, the grand jury is in session.
No person, except grand jurors, witnesses, government attorneys, agents or
employees, court personnel concerned with any grand jury proceeding, private attorneys
whose clients have been called to appear as witnesses at a grand jury session then in
progress or about to commence, and others specifically authorized, shall remain in the hall
adjacent to the grand jury space beyond the entrance door.
LCrR6.2 - Interviewing Witnesses Before Grand Jury
Questioning, interviewing or interfering with any person who may testify or who has
testified before any grand jury within the premises is prohibited. [Adopted February 1, 2011]
LOCAL CRIMINAL RULE 12 - PRETRIAL MOTIONS
LCrR12 Pretrial Motions
Pretrial motions relative to discovery shall be filed within the time set by the magistrate
judge, and shall be noticed for hearing on the motion day following the expiration of 15 days.
The government shall file its response no later than eight calendar days before the scheduled
hearing date.
These discovery motions shall be accompanied by a certificate of counsel for the
moving party stating that counsel have conferred in person or by telephone for the purpose of
amicably resolving the issues and stating that they are unable to agree or stating that
opposing counsel has refused to so confer after reasonable notice. Counsel for the moving
party shall arrange the conference. [Adopted March 26, 2001]
LOCAL CRIMINAL RULE 17 - MATERIAL WITNESSES
LCrR17 Absence of Material Witness
Every motion for a continuance based upon absence of a material witness must be
accompanied by the affidavit of the moving party or attorney, setting forth the efforts made to
procure attendance and the facts expected to be proved by the witness. If the opposite party
admits that the witness, if called, would testify as set forth in the affidavit, the court may, in its
discretion, deny the motion. The court may dispense with a statement of the facts to be
proved. If the proposed testimony is not set forth, or in any other case, the court may hold a
hearing on the matter and take such action with respect to the motion as justice requires.
[Adopted February 1, 2011]
LOCAL CRIMINAL RULE 23 - TRIAL BY JURY OR BY THE COURT
LCrR23.1 Trial by Jury
Trial by jury in criminal cases shall be limited to those cases in which a crime is
charged for which the maximum possible penalty exceeds imprisonment for a period of six
months or a fine of $500, or both.
LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT
LCrR32.1 Sentencing
LCrR32.1.1 Submission of Motions or Letters Requesting Departure from Sentencing Guidelines
LCrR32.1.2 Submission of Other Motions or Documents Connected with Sentencing
LCrR32.1 Sentencing
A. In accordance with the provisions of Federal Rule of Criminal Procedure 32,
when a presentence investigation is ordered, defendant's counsel, upon request, is entitled to
notice and a reasonable opportunity to attend any interview of the defendant by a probation
officer in the course of a presentence investigation.
B. Not less than 35 days prior to the date set for sentencing, unless the defendant
waives this minimum period, the probation officer shall disclose the presentence investigation
report to the defendant, counsel for the defendant and the Government. Within 14 days
thereafter, counsel shall communicate in writing to the probation officer and each other any
objections they may have as to any material information, sentencing classifications,
sentencing guideline ranges, and policy statements contained in or omitted from the report.
C. After receiving counsel's objections, the probation officer shall conduct any
further investigation and make any revision to the presentence report that may be necessary.
The officer may require counsel for both parties to meet with the officer to discuss unresolved
factual and legal issues.
D. Not later than seven days prior to the date of the sentencing hearing, the
probation officer shall submit the presentence report to the sentencing judge. The report shall
be accompanied by an addendum setting forth any objections counsel may have made that
have not been resolved, together with the officer's comments thereon. At the same time, the
probation officer must furnish the revisions of the presentence report and the addendum to
the defendant, the defendant's counsel, and the attorney for the Government.
E. Except with regard to any objection made under subdivision B that has not
been resolved, the report of the presentence investigation may be accepted by the court as
accurate. The court, however, for good cause shown, may allow a new objection to be raised
at any time before the imposition of sentence. In resolving disputed issues of fact, the court
may consider any reliable information presented by the probation officer, the defendant, or the
Government.
F. The times set forth in this rule may be modified by the court for good cause
shown, except that the 14 day period set forth in subdivision B may be diminished only with
the consent of the defendant.
G. Nothing in this rule requires the disclosure of any portions of the presentence
report that are not disclosable under Rule 32 of the Federal Rules of Criminal Procedure. As
permitted by Rule 32, the probation officer's recommendation on the sentence shall not be
disclosed.
H. The presentence report shall be deemed to have been disclosed:
1. when a copy of the report is physically delivered,
2. one day after the report's availability for inspection is orally
communicated, or
3. three days after a copy of the report or notice of its availability is
mailed.
[Amended June 28, 2002]
LCrR32.1.1 Submission of Motions or Letters Requesting Departure from
Sentencing Guidelines
Any motion or letter requesting a departure from the Sentencing Guidelines must be
delivered to the sentencing judge's chambers by no later than 4:30 p.m. on the third working
day prior to the date of the sentencing hearing (i.e., if the sentencing hearing is set for
Wednesday, the request must be delivered by 4:30 p.m. on Friday; if the sentencing hearing
is set for Thursday, it must be delivered by 4:30 p.m. on Monday). Any motions or letters
requesting a departure from the Sentencing Guidelines not timely submitted shall be deemed
waived unless good cause is shown.
LCrR32.1.2 Submission of Other Motions or Documents Connected with
Sentencing
All submissions, other than those referred to in LCrR32.1.1E, must be filed no later
than five working days before sentencing and all responses must be filed no later than three
working days before sentencing. [Adopted March 26, 2001]
LOCAL CRIMINAL RULE 43 - BUILDING SECURITY
LCrR43 - Search of Persons
Security personnel may search the person of anyone entering the premises or any
space in it. Anyone who refuses to permit such a search shall be denied entry.
Any defendant in a criminal case whose appearance is required who refuses to permit
such a search will be denied entry and security personnel must immediately notify the judge
before whom the appearance is required. The judge may take the appropriate action,
including, but not limited to, detention and search, and ordering revocation of bond, if the
defendant is on bond. [Adopted February 1, 2011]
LOCAL CRIMINAL RULE 44 - APPEARANCES BY LAW STUDENTS
LCrR44 - Appearances by Law Students
Subject to the rules for appearances by law students in LR 83, limited appearances by
law students, if the person on whose behalf he or she is appearing has consented to that
appearance in writing and the supervising lawyer has also approved the appearance in
writing, are allowed in any criminal matter on behalf of an indigent defendant.
An eligible law student may also appear in any criminal matter on behalf of the United
States with the written approval of both the prosecuting attorney or his or her authorized
representative and the supervising lawyer. Insofar as practicable, the legal services of law
students in criminal practice shall be divided equally between prosecution and defense.
[Adopted February 1, 2011]
LOCAL CRIMINAL RULE 46 - RELEASE FROM CUSTODY
LCrR46.1 Appearance Bonds in Criminal Cases
A person charged with a criminal offense in which a secured bond has been required
may, at the discretion of the court, be permitted to furnish in lieu of cash a government
obligation or a corporation as described in LR65.1.1, or a secured interest in real estate which
shall be referred to as a "property bond."
A. To qualify as adequate security, the real property must have an equity value,
after deducting the outstanding balance of any existing lien or encumbrance, of an amount not
less than the principal amount of the bail set.
B. The title owner of the property shall furnish a collateral mortgage on the
property in favor of the United States of America and shall deliver to the court a collateral
mortgage note in pledge as security for the bond.
1. Prior to release of the person charged, the mortgage shall be recorded
in the official records of the place wherein the property is situated and a
certificate shall be furnished by the official authorized to enter the
mortgage upon the public records showing the date, time and place of
inscription and any prior recorded lien or encumbrance.
2. The property owner shall be required to give proof of ownership
and furnish a certificate from any prior lien-holder stating the
balance then due on any such liens and whether payment is
current.
3. The equity value may be determined by the testimony of an
expert appraiser or by such other proof as the court may require.
LOCAL CRIMINAL RULE 53 - REGULATION OF CONDUCT IN THE COURTROOM
LCrR53.1 Dissemination of Information Concerning Pending or Imminent Criminal Litigation by
Lawyer Prohibited
LCrR53.2 Pending Investigations
LCrR53.3 Extrajudicial Statements Concerning Specific Matters
LCrR53.4 Disclosures Authorized
LCrR53.5 Extrajudicial Statements During Trial
LCrR53.6 Extrajudicial Statements After Trial and Prior to Sentence
LCrR53.7 Matters Not Precluded
LCrR53.8 Disclosure of Information by Courthouse Personnel
LCrR53.9 Special Orders
LCrR53.10 Subjects of Special Order
LCrR53.1 Dissemination of Information Concerning Pending or Imminent
Criminal Litigation by Lawyer Prohibited
It is the duty of the lawyer not to release or authorize the release of information or
opinion for dissemination by any means of public communication, in connection with pending
or imminent criminal litigation with which he or she is associated, if there is a reasonable
likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due
administration of justice.
LCrR53.2 Pending Investigations
When there is a grand jury or other pending investigation of any criminal matter, a
lawyer participating in the investigation shall refrain from making any extrajudicial statement,
for dissemination by any means of public communication, that goes beyond the public record
or that is not necessary to inform the public that the investigation is under way, to describe the
general scope of the investigation, to obtain assistance in the apprehension of a suspect, or
to warn the public of any dangers, or otherwise to aid in the investigation.
LCrR53.3 Extrajudicial Statements Concerning Specific Matters
From the time of arrest, issuance of an arrest warrant or the filing of a complaint,
information, or indictment in any criminal matter until the commencement of trial or disposition
without trial, a lawyer associated with the prosecution or defense shall not release or
authorize the release of any extrajudicial statement for dissemination by means of public
communication relating to that matter and concerning:
A. The prior criminal record (including arrests, indictments, or other
charges of crime), or the character or reputation of the accused, except
that the lawyer may make a factual statement of the accused's name,
age, residence, occupation, and family status; and, if the accused has
not been apprehended, a lawyer associated with the prosecution may
release information necessary to aid in the accused's apprehension or
to warn the public of any dangers he or she may present;
B. The existence or contents of any confession, admission, or statement
given by the accused, or the refusal or failure of the accused to make
any statement;
C. The performance of any examinations or tests or the accused's refusal
or failure to submit to an examination or test;
D. The identity, testimony, or credibility of prospective witnesses, except
that the lawyer may announce the identity of the victim if the
announcement is not otherwise prohibited by law;
E. The possibility of a plea of guilty to the offense charged or a lesser
offense;
F. Any opinion as to the accused's guilt or innocence or as to the merits of
the case or the evidence in the case.
Upon the showing of good cause by any party, the application of this Rule may be
changed or modified to any extent by the court.
LCrR53.4 Disclosures Authorized
The foregoing shall not be construed to preclude the lawyer during this period, in the
proper discharge of his/her official or professional obligations, from announcing the fact and
circumstances of arrest (including the time and place of arrest, resistance, pursuit, and use of
weapons), and the identity of the investigating and arresting officer or agency, and the length
of the investigation; from making an announcement, at the time of seizure of any physical
evidence other than a confession, admission or statement, which is limited to a description of
the evidence seized; from disclosing the nature, substance, or text of the charge, including a
brief description of the offense charged; from quoting or referring without comment to public
records of the court in the case; from announcing the scheduling or result of any stage in the
judicial process; from requesting assistance in obtaining evidence; or from announcing
without further comment that the accused denies the charges made against him or her.
LCrR53.5 Extrajudicial Statements During Trial
During the trial of any criminal matter, including the period of selection of the jury, no
lawyer associated with the prosecution or defense shall give or authorize any extrajudicial
statement or interview, relating to the trial or the parties or issues in the trial, for dissemination
by any means of public communication, except that the lawyer may quote from or refer
without comment to public records of the court in the case.
LCrR53.6 Extrajudicial Statements After Trial and Prior to Sentence
After the completion of a trial or disposition without trial of any criminal matter, and
prior to the imposition of sentence, a lawyer associated with the prosecution or defense shall
refrain from making or authorizing any extrajudicial statement for dissemination by any means
of public communication if there is a reasonable likelihood that such dissemination will affect
the imposition of sentence.
LCrR53.7 Matters Not Precluded
Nothing in these rules is intended to preclude the formulation or application of more
restrictive rules relating to the release of information about juvenile or other offenders, to
preclude the holding of hearings or the lawful issuance of reports by legislative,
administrative, or investigative bodies, or to preclude any lawyer from replying to charges of
misconduct that are publicly made against him or her.
LCrR53.8 Disclosure of Information by Courthouse Personnel
All courthouse personnel, including marshals, deputy marshals, guards, court clerks,
deputy clerks, law clerks, secretaries, bailiffs and court reporters, shall under no
circumstances disclose to any person, without express authorization by the court, information
relating to a pending criminal case or grand jury matter that is not part of the public records of
the court. This rule specifically forbids the divulgence of information concerning arguments
and hearings held in chambers or otherwise outside the presence of the public.
LCrR53.9 Special Orders
In a widely publicized or sensational case, the court, on motion of either party or on its
own motion, may issue a special order governing such matters as extrajudicial statements by
parties and witnesses likely to interfere with the rights of the accused to a fair trial by an
impartial jury, the seating and conduct in the courtroom of spectators and news-media
representatives, the management and the sequestration of jurors and witnesses and any
other matters that the court may deem appropriate for inclusion in such an order.
LCrR53.10 Subjects of Special Order
Such a special order may be addressed to some or all of the following subjects:
A. A proscription of extrajudicial statements by participants in the trial,
including lawyers, parties, witnesses, jurors, and court officials, that
might divulge prejudicial matter not of public record in the case;
B. Specific directives regarding the clearing of entrances to the hallways in
the courthouse and respecting the management of the jury and
witnesses during the course of the trial to avoid their mingling with or
being in the proximity of reporters, photographers, parties, lawyers, and
others, both in entering and leaving the courtroom and courthouse, and
during recesses in the trial;
C. A specific direction that the jurors refrain from reading, listening to, or
watching news reports concerning the case, and that they similarly
refrain from discussing the case with anyone, or with one another,
during the trial and from communicating with others in any manner
during their deliberations;
D. Sequestration of the jury on motion of either party or of the court without
disclosure of the identity of the movant;
E. Direction that the names and addresses of jurors or prospective jurors
not be publicly released except as required by statute, and that no
photograph be taken or sketch made of any juror within the environs of
the court;
F. Insulation of witnesses from news interviews during the trial period;
G. Specific provisions regarding the seating of spectators and
representatives of news-media, including:
1. An order that no member of the public or news-media
representative be at any time permitted within the bar
railing;
2. The allocation of seats to news-media representatives in
cases where there is an excess of requests over the
number of seats available, taking into account any
pooling arrangement that may have been agreed to
among the news-media representatives.
LOCAL CRIMINAL RULE 58 - PROCEDURE
FOR MISDEMEANORS AND OTHER PETTY OFFENSES
LCrR58.1 Trial of Misdemeanors
LCrR58.2 Jurisdiction
LCrR58.3 Central Violations Bureau
LCrR58.1 Trial of Misdemeanors
As provided in Rule 58 of the Federal Rules of Criminal Procedure, a trial of a
misdemeanor may proceed on an indictment, information, or complaint or, if it be a petty
offense, on a citation or violation notice.
LCrR58.2 Jurisdiction
A. As authorized by subsection (d) of Rule 58 of the Federal Rules of Criminal
Procedure, the offenses named in the schedule of offenses designated by the court and
posted in the office of the clerk may be disposed of by payment of the fixed sum provided in
the schedule in lieu of personal appearance before a magistrate judge. The proceeding shall
be terminated on receipt by the clerk of payment.
B. In all other proceedings, unless otherwise authorized in a specific case by the
magistrate judge to whom the case has been assigned, or pursuant to Rule 43(c), Federal
Rules of Criminal Procedure, the defendant must personally appear before the magistrate
judge for disposition of the charge or for other proceedings directed by law.
C. Where the magistrate judge deems it desirable, the magistrate judge may
direct the probation service of the court to conduct a pre-sentence investigation and report in
accordance with 18 USC 3401.
D. Each U.S. Magistrate Judge is specifically designated to conduct trial and
sentencing in a misdemeanor case as defined in 18 USC 3401, upon referral by a district
judge. [Adopted February 1, 2011]
LCrR58.3 Central Violations Bureau
The clerk shall maintain a Central Violations Bureau. The bureau shall keep a record
of violation notices transmitted by enforcement agencies, a record of all payments made
pursuant to LCrR58.2E and shall give appearance notices to those violators whose offenses
are not disposed of as provided in LCrR58.2E. The bureau shall transmit to the magistrate
judges notices for personal appearance and shall maintain other records needed to effect the
prompt disposition of petty offenses.
