An attorney may provide limited representation to an unrepresented party in a civil
action by order granting a motion which defines the scope of limited representation
with reasonable particularity and certifies the approval of the unrepresented party.
Any change in the scope of limited representation must be approved by the court.
Termination of the representation must also be approved by the court.
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D.Mont L.R. 83.8 Self-Represented Litigants
CHAPTER II. CRIMINAL RULES
Criminal Rule 1. Scope
CR 1.1 Rules Incorporated from Chapter I
Civil Local Rules 1, 5.1, 11.1(b)-(d), 11.2, 48.2, and 83, except 83.3(b), 83.6, and
83.8(c)-(e), apply in criminal proceedings.
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D.Mont L.R. CR 1.1 Rules Incorporated from Chapter I
Criminal Rule 6. The Grand Jury
CR 6.1 When and Where Impaneled
Grand juries are summoned when the public interest requires and convene where
and when the court deems appropriate.
CR 6.2 Secrecy
(a) Grand Jury Matters. Matters associated with a grand jury are sealed
with access provided only to designated court staff.
(b) Service of Indictments. When the United States serves a summons,
lodges a detainer, or executes an arrest warrant (whichever comes first), it shall
provide the defendant with the indictment and contact information for the Federal
Defenders of Montana.
(c) Sealing and Unsealing of Indictments.
(1) Indictments generally will not be sealed. On motion by the United
States based on the circumstances of the case, an indictment may be
filed under seal.
(2) While an indictment is sealed, the Federal Defenders or designated
counsel may discuss the indictment with a defendant, provided:
(A) the defendant so requests, and
(B) either:
(i) the United States requested a summons for the defendant;
or
(ii) the defendant is in custody in any jurisdiction.
(3) The United States may move to unseal an indictment at any time.
(4) A sealed indictment will be unsealed when the clerk receives notice
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D.Mont L.R. CR 6.1 When and Where Impaneled
that any named defendant has appeared on the indictment in a federal
court.
(d) Redaction of Indictments. All indictments available to the public must
redact the name and signature of the grand jury foreperson. The original indictment
will be maintained under seal.
(e) Proceedings Conducted Under Seal. This Rule does not affect cases
required or authorized to be conducted entirely under seal, such as juvenile cases or
cases in which the presiding judge orders all proceedings sealed to protect national
security or an ongoing investigation.
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D.Mont L.R. CR 6.2 Secrecy
Criminal Rule 11. Pleas
CR 11.1 Sealed Plea Agreements
No plea agreement may be filed under seal unless a party moves for leave to seal
under L.R. CR 49.3.
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D.Mont L.R. CR 11.1 Sealed Plea Agreements
Criminal Rule 16. Discovery
CR 16.1 Production by the Government
(a) Unless the parties otherwise agree and where not prohibited by law, the
government shall disclose to the defense all information “favorable to an accused”
that is “material either to guilt or to punishment” under Brady v. Maryland, 373
U.S. 83, 87 (1963), and that is known to the government. This requirement applies
regardless of whether the information would itself constitute admissible evidence.
The information shall be produced in a reasonably usable form unless that is
impracticable; in such a circumstance, it shall be made available to the defense for
inspection and copying. Beginning at the defendant’s arraignment and continuing
throughout the criminal proceeding, the government shall make good-faith efforts
to disclose such information to the defense as soon as reasonably possible after its
existence is known, so as to enable the defense to make effective use of the
disclosed information in the preparation of its case.
(b) The information to be disclosed under (a) is favorable to the defendant
because it:
(1) is inconsistent with or tends to negate the defendant’s guilt as to any
element, including identification, of the offense(s) with which the
defendant is charged;
(2) casts doubt on the admissibility of evidence that the government
anticipates offering in its case-in-chief;
(3) casts doubt on the credibility or accuracy of any evidence, including
witness testimony, the government anticipates offering in its case-in-
chief;
(4) may be relied upon to support an argument for a lesser punishment at
sentencing.
(5) tends to mitigate the charged offense(s) or reduce the potential
penalty;
(6) tends to establish an articulated and legally cognizable defense theory
or recognized affirmative defense to the offense(s) with which the
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D.Mont L.R. CR 16.1 Production by the Government
defendant is charged; or
(7) may be used for impeachment purposes. Such information includes
but is not limited to:
(i) information regarding whether any promise, reward, or
inducement has been given by the government to any witness it
anticipates calling in its case-in-chief; and
(ii) information that identifies all pending criminal cases against,
and all criminal convictions of, any such witness.
(c) As impeachment information described in (b)(7) and witness-credibility
information described in (b)(3) may be dependent on which witnesses the
government intends to call at trial, this rule does not require the government to
disclose such information until 7 days before trial unless otherwise ordered by the
court.
(d) In the event the government believes that a disclosure under this rule
would compromise witness safety, victim rights, national security, a sensitive law-
enforcement technique, or any other substantial government interest, it may motion
the court for a modification of the requirements of this rule, which may include in
camera review and/or withholding or subjecting to a protective order all or part of
the information.
(e) For purposes of this rule, the government includes federal, state, and
local law-enforcement officers and other government officials who have
participated in the investigation and prosecution of the offense(s) with which the
defendant is charged. The government has an obligation to seek from these sources
all information subject to disclosure under this rule.
(f) Unless the presiding judge orders earlier disclosure, the government
must disclose all information identified in (b)(1)-(2), (4)-(6) in its possession in a
timely manner. On the defendant’s request the government must provide all
discovery required by:
(1) Fed. R. Crim. P. 16(a)(1)(A)-(E) and (G) no later than 14 days after
arraignment and
(2) Fed. R. Crim. P. 16(a)(1)(F) as soon as reasonably possible and no
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D.Mont L.R. CR 16.1 Production by the Government
later than seven days before trial.
(g) If the government fails to comply with this rule, the court, in addition to
ordering production of the information, may:
(1) specify the terms and conditions of such production;
(2) grant a continuance;
(3) impose evidentiary sanctions; or
(4) enter any other order that is just under the circumstances.
(h) The government’s obligation to disclose exculpatory information
extends to information covered under Fed. R. Crim. P. 16(a)(2). Exculpatory
information need not be admissible so long as it is reasonably likely to lead to the
discovery of admissible evidence.
(i) Questions as to whether information in the possession of the prosecution
is exculpatory should be resolved in favor of the defendant. The government may
voluntarily submit information to the court for in camera inspection to determine
whether it constitutes exculpatory information that must be produced. Upon
submitting such information, the government shall file in the record a written
notice of submission describing in general terms that information being submitted
for inspection.
CR 16.2 Production by the Defendant
Upon request by the government, and unless otherwise ordered by the court, the
defendant shall provide all discovery required by Fed. R. Crim. P. 16(b) within 21
days from the date of the request.
CR 16.3 Expert Witnesses
In addition to those requirements outlined under Fed. R. Crim. P. 16(a)(1)(G) or
16(b)(1)(C), an expert witness disclosure must include the following information:
(a) identification of all documents or other information reviewed by the
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D.Mont L.R. 16.2 Production by the Defendant
expert;
(b) a summary of the results of any studies, examinations, or tests
performed by the expert regarding the subject matter of the testimony; and
(c) a statement as to whether the expert will also testify as a lay witness.
Unless the presiding judge sets a specific disclosure deadline, the parties must
disclose all the above information no later than 21 days before trial.
CR 16.4 Sensitive Material
(a) When disclosing information that is of a sensitive nature because it
contains personal information, personal identifiers, or financial information, a party
may make the disclosure subject to protections contained in this rule by including
with the disclosure a written notice explicitly referencing this rule and setting forth
the reasons why such protections are warranted. Upon disclosure the party must
include the designation “SENSITIVE MATERIAL - SUBJECT TO L.R. CR 16.4.”
(b) Upon written notice and designation of sensitive material in accordance
with this rule, the following restrictions shall apply to the designated material:
(1) Access to documents shall be limited to:
(A) attorneys representing the defendant or the government;
(B) the CJA Supervising Attorney;
(C) expert witnesses whose review of the material is necessary for
the presentation of the party’s case;
(D) such law clerks, investigative agents, paralegals, and secretaries
employed by defendant or the government, whose review of the
material is required for the preparation and presentation of the
party’s case; and
(E) the defendant. Documents shall not be left in the defendant’s
possession without defense counsel present.
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D.Mont L.R. CR 16.4 Sensitive Material
(2) Documents shall be used in connection with a matter pending before
this court and for no other purpose. Attorneys shall expressly advise
every authorized person who reviews the documents as to this
limitation on lawful use.
(3) It shall be the responsibility of the attorneys of record in this action to
employ, consistent with this rule, reasonable measures to control
duplication of, access to, and distribution of the documents.
(c) Failure of any party to comply with the terms of this rule will be subject
to punishment to the full extent of the Local Rules, the Federal Rules of Criminal
Procedure, and the court’s inherent authority.
CR 16.5 Continuing Duty to Disclose
Any party that discovers additional information subject to disclosure under this rule
after the deadline for such disclosure shall promptly disclose the information to the
other party or the court.
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D.Mont L.R. CR 16.5 Continuing Duty to Disclose
Criminal Rule 17. Subpoena
CR 17.1 Obtaining Presence of Incarcerated Person
A party to a criminal proceeding requesting production of a prisoner by the United
States Marshals Service for any court proceeding, by writ of habeas corpus ad
testificandum or otherwise, must obtain a court order directing such production no
later than 21 days before the date of the proceeding. A lesser time period may be
allowed only upon motion and good cause shown.
CR 17.2 Summons and Subpoena
(a) Any party to a criminal proceeding requesting service of a criminal
summons or subpoena by the United States Marshals Service must notify the
Marshal of the request, along with all documentation necessary to effectuate
service, no later than 21 days before the desired date of service. A lesser time
period may be allowed only upon motion and good cause shown. Orders issued
under Fed. R. Crim. P. 17(b) and this rule must direct the United States Marshals
Service to serve the subpoena.
(b) Only a judge or a grand jury may direct a witness to produce designated
items within a federal courthouse before trial.
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D.Mont L.R. CR 17.1 Obtaining Presence of Incarcerated Person
Criminal Rule 17.1. Pretrial Conferences
CR 17.1.1 When Pretrial Conference Held
When deemed advisable by the court, a pretrial conference will be held in criminal
cases pursuant to Fed. R. Crim. P. 17.1.
CR 17.1.2 Continuances
No extension of time or continuance may be granted except upon order of a judge
or a full-time magistrate judge. Enlargements are to be sparingly granted and only
in a manner consistent with the Speedy Trial Act.
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D.Mont L.R. CR 17.1.1 When Pretrial Conference Held
Criminal Rule 18. Place of Prosecution and Trial
CR 18.1 Place of Trial
Criminal cases are tried in the division to which the case is assigned, unless
the court, in its discretion, orders trial in another division.
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D.Mont L.R. CR 18.1 Place of Trial
Criminal Rule 24. Trial Jurors
CR 24.1 Impaneling a Trial Jury
(a) Examination of Jurors.
(1) Examination of jurors in criminal cases must be in accordance with
the Federal Rules of Criminal Procedure.
(2) Alternate jurors may be impaneled in criminal cases in the discretion
of the court in accordance with the provisions of the Federal Rules of
Criminal Procedure.
(3) Unless the court orders otherwise:
(A) examination of trial jurors will be conducted by the court; and
(B) questions the parties want the court to ask the jurors must be
submitted at least one court day before trial commences.
(b) Manner of Selection and Order of Examination of Jurors.
(1) Composition of Panel.
(A) Initial Panel. The initial panel called will consist of twelve
jurors plus the number of alternates ordered by the court plus
the number of allowable peremptory challenges. The clerk will
assign numbers to the jurors in the order in which they are
