(a) Submissions of Motions and Supporting Memoranda
Every motion must incorporate a memorandum of law, including citations and
supporting authorities. Any affidavits and other documents setting forth or
evidencing facts on which the motion is based must be filed with the motion.
(b) Objections to Motions
(1) Unless within 21 days after the filing of a motion the opposing party
files written objection thereto, incorporating a memorandum of law, the
opposing party will be deemed to have waived objection.
(2) Any objections must be filed in duplicate and must include citations and
supporting authorities and affidavits and other documents setting forth
or evidencing facts on which the objection is based. The deemed waiver
imposed herein does not apply to motions filed during trial.
(c) Reply Memorandum
Within 14 days of the filing of any objection to a motion, the moving party may
file a reply memorandum, which may not exceed 7 pages in length and which
must be strictly confined to replying to new matter raised in the objection or
opposing memorandum.
(d) Form and Length
All memoranda must be typed, double-spaced on 8-1/2 x 11 inch paper or
printed. All pages must be numbered at the bottom. Except by prior leave of
Court, memorandum of law in support of or in opposition to a dispositive
motion or a motion to suppress evidence may not exceed 20 pages. Memoranda
in support and in opposition to all other motions may not exceed 10 pages.
(e) Written Submissions and Oral Argument
All motions will be decided by the Court without oral argument unless
otherwise ordered by the Court or, in its discretion, upon request of counsel.
District of Maine Local Rules
Rule 157.1 Authority of United States Magistrate Judges
Any magistrate judge is authorized to exercise all powers and perform all duties
conferred on magistrate judges by 28 U.S.C. § 636(b), (c), and (g), and 18 U.S.C.
§ 3401(i), and to exercise the powers enumerated in Federal Rules of Criminal
Procedure 5, 8, 9, and 10, and the Rules Governing Section 2254 and 2255
Proceedings in accordance with the standards and criteria established in 28 U.S.C.
§ 636(b)(1).
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Rule 157.2 Trial Briefs
At least 3 days prior to the date set for trial, unless otherwise ordered by the Court,
each party must serve and file a trial brief identifying, with citation to appropriate
authorities, the legal basis of the claims and defenses to be asserted at trial. All pages
must be numbered at the bottom. Except by prior leave of Court, a trial brief may not
exceed 20 pages in length.
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Rule 157.3 Special Orders for the Protection of the Accused in Widely
Publicized and Sensational Criminal Cases
In a widely publicized or sensational criminal case, the Court, on motion of either
party or on its own, may issue a special order governing such matters as extra-judicial
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 sequestration of
jurors and witnesses, and any other matters that the Court may deem appropriate
for inclusion in such an order.
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Rule 157.4 Release of Information by Attorneys and Courthouse Personnel
in Criminal Cases
(a) Attorneys
(1) It is the duty of the lawyer or law firm not to release or authorize the
release of information or opinion that a reasonable person would expect
to be disseminated by means of public communication, in connection
with pending or imminent criminal litigation with which the lawyer or
the firm is associated, if there is a reasonable likelihood that such
dissemination will seriously interfere with a fair trial.
(2) With respect to a grand jury or other pending investigation of any
criminal matter, a lawyer participating in or associated with the
investigation must refrain from making any extra-judicial statement
that a reasonable person would expect to be disseminated by means of
public communication, that goes beyond the public record or that is not
necessary to inform the public that the investigation is underway, to
describe the general scope of the investigation, to obtain assistance in
the apprehension of a suspect, to warn the public of any dangers, or
otherwise aid in the investigation.
(3) 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 or law firm
associated with the prosecution or defense may not release or authorize
the release of any extra-judicial statement relating to that matter and
concerning the areas enumerated below, that a reasonable person would
expect to be disseminated by means of public communication, if there is
a reasonable likelihood that such dissemination will seriously interfere
with a fair trial:
(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 or law firm 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 any information
necessary to aid in the accused’s apprehension or to warn the
public of any dangers the accused may present;
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(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 or law firm 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; and
(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.
(4) The foregoing may not be construed to preclude the lawyer or law firm
during this period, in the proper discharge of the lawyer’s or firm’s
official or professional obligations, from announcing the fact and
circumstances of arrest (including time and place of arrest, resistance,
pursuit, and use of weapons), 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 pending charges.
(5) During a jury trial of any criminal matter, including the period of
selection of the jury, no lawyer or law firm associated with the
prosecution or defense may give or authorize any extra-judicial
statement or interview, relating to the trial or the parties or issues in
the trial, which a reasonable person would expect to be disseminated by
means of public communication, if there is a reasonable likelihood that
such dissemination will seriously interfere with a fair trial, except that
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the lawyer or law firm may quote from or refer without comment to
public records of the Court in the case.
(6) Nothing in this rule 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 them.
(b) Courthouse Personnel
All court-supporting personnel, including the Marshal, court clerks, court
security officers, court reporters, and employees or subcontractors retained by
the court reporters, are prohibited from disclosing to any person, without
authorization by the Court, information relating to a pending grand jury
proceeding or criminal case that is not part of the public records of the Court.
The divulgence of information concerning grand jury proceedings, in camera
arguments and hearings held in chambers or otherwise outside the presence of
the public is also forbidden.
District of Maine Local Rules
Rule 157.5 Attorneys: Appearances and Withdrawals
(a) Appearances
An attorney’s signature to a pleading constitutes an appearance. Otherwise,
an attorney who wishes to participate in any manner in any action must file a
formal written appearance. An appearance whether by pleading or formal
written appearance must be signed by an attorney in their individual name
and must state their office address and telephone number.
(b) Withdrawals in General
(1) No attorney may withdraw an appearance in any action except by leave
of Court. A defense attorney in any criminal case must continue the
representation until relieved by order of this Court or the Court of
Appeals. A motion to withdraw must be accompanied by a notice of
appearance of substitute counsel. In the absence of the appearance of
substitute counsel, a motion to withdraw must set forth sufficient
information to enable the Court to rule. Such information may be filed
under seal, submitted to the Court in camera, and will not be made part
of the public record, except by order of the Court. After sentencing, the
Court will grant leave to withdraw only upon the appearance of
substitute counsel.
(2) After a notice of appeal has been filed, a motion to withdraw must be
directed to the Court of Appeals under First Circuit Rules 12 and 46.6.
District of Maine Local Rules
Rule 157.6 Sealed Documents and Pleadings
A pleading or document listed in subsection (a) that is designated in the caption of
the document or pleading as being filed under Local Rule 157.6(a) (Sealed Document)
will be accepted as filed under seal without prior approval from the Court. Otherwise,
parties seeking to seal a pleading or document must file a motion to seal in accordance
with subsection (b) or subsection (g).
(a) Automatic Sealing
The following documents will be sealed upon filing. They will remain sealed
until further order of the Court, unless otherwise provided below.
(1) search warrant and tracking warrant applications, supporting affidavits
and resulting warrants, which will be sealed until the warrant is
executed and returned to the Court;
(2) arrest warrants, which will be sealed until the warrant is executed;
(3) motions, orders, and notices concerning matters occurring before the
grand jury;
(4) applications and orders for pen/trap devices, or wire, oral or electronic
communication interceptions;
(5) applications and orders for the disclosure of tax information;
(6) motions and orders involving the Classified Information Procedures Act;
(7) all ex parte requests;
(8) all pretrial services reports, presentence investigation reports, and
revocation reports;
(9) motions, orders, and any other pleadings and documents involving the
Juvenile Delinquency Act; and
(10) cooperation agreements, which will be sealed until the Defendant is
sentenced and then for an additional period of time equal to any term of
imprisonment that the Court may impose.
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(b) Motions to Seal
A party seeking to obtain an order sealing any document not listed in
subsection (a) of this rule or seeking to continue the sealing of any pleading or
document already sealed must file a motion under this subsection. The motion
must state the basis for sealing, the period of time during which the document
is to be sealed and must set forth specific findings as to the need for sealing
and the duration thereof. The motion itself must be filed under seal and remain
sealed pending order of the Court under subsection (e). The document for which
sealing is sought will be accepted provisionally under seal. Unless the motion
is filed ex parte, the motion must include a statement whether there is
agreement of the parties to the sealing.
(c) Response and Reply
Any response or reply to a motion to seal or motion filed under seal under
subsection (b) must be filed under seal. Unless otherwise ordered by the Court,
the response and reply must be filed in accordance with Local Rule 147.
(d) Captions and Attachments to Motions
The caption for a motion to seal, and any response or reply thereto, must
clearly identify the document as relating to sealed matters. Any documents
submitted along with the motion to seal must bear the proper case number and
contain the words “Filed Under Seal” in the caption.
(e) Orders
(1) If the Court grants a motion to seal filed under subsection (b), it will
state its findings supporting the issuance of an order to seal and will
specify the duration of sealing. In making specific findings as to the need
for sealing and the duration the document must be sealed, the Court
may incorporate by reference the proposed findings in the motion to seal.
(2) If the Court denies a motion to seal filed under subsection (b), the motion
to seal and any proposed paper documents tendered under provisional
seal with that motion to seal will be returned to the moving party. Any
electronic versions of the proposed documents will remain on ECF,
sealed indefinitely, unless otherwise ordered by the Court. The denied
motion to seal will remain sealed indefinitely, unless otherwise ordered
by the Court.
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(f) Form of Filing
Filings under seal, and motions to seal and any response and reply thereto,
must be in paper, unless otherwise directed by the Clerk.
(g) Transcripts of Proceedings in Criminal Cases
(1) Duty to Request Sealing. Counsel must request an order sealing some
or all of a transcript of a criminal proceeding held before the Court.
(2) Producing a Transcript. Except for content ordered sealed by the
Court, court reporters or other individuals designated to produce the
record will not review the record for sealed or confidential information
before producing or filing the transcript.
(3) Partial Transcript. When the Court orders content in a transcript
sealed, the court reporter will make the textual notation “sealed” in that
part of the transcript. The cover page of the transcript will contain the
text “Partial Transcript.” The part ordered sealed will not be preserved
with empty or blacked-out line and page numbers. The court reporter
will file the partial transcript, which will be available to the public.
(4) Unredacted Transcript. Court reporters will separately file the
unredacted transcript containing information ordered sealed. The
docket entry associated with this transcript and the transcript itself will
be sealed from the public.
District of Maine Local Rules
