IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF
NORTH CAROLINA
CHARLOTTE AND STATESVILLE DIVISIONS
STANDING ARRAIGNMENT ORDER AND STANDING ORDERS GOVERNING
CRIMINAL CASES
BEFORE THE HONORABLE KENNETH D. BELL
DOCKET NO.: 5:19-mc-6
This Order is effective as of May 9, 2025, and shall apply to all criminal cases assigned to the
docket of the Honorable Kenneth D. Bell.
STANDING ARRAIGNMENT ORDER
The Defendant has acknowledged receiving a copy of the Indictment, has stated an
understanding of the pending charges against him/her, and has entered a plea of:
(x) NOT GUILTY and requested a jury trial;
( ) NOT GUILTY and waived his/her right to a jury trial;
( ) GUILTY.
Wherefore, the Defendant and defense counsel are hereby advised that:
STANDING ARRAIGNMENT AND ORDERS GOVERNING CRIMINAL CASES
1. Initial Trial Setting. Upon the entry of a not guilty plea, a case will be calendared for
either: (1) the Court’s next Criminal Term; but (2) if the Court’s next Criminal Term is less than
thirty (30) days from the date of the arraignment, the magistrate judge is authorized to grant a
single continuance. Any objection to this continuance must be made at the time of arraignment or
written waiver of arraignment will be deemed waived. Defendant and counsel will be notified of
the specific date, location, and time to appear.
2. Plea Changes. If Defendant wishes to change this plea, he/she must advise the Clerk of
Court and the U.S. Attorney in writing.
3. Plea Changes at Trial. If a jury is summoned for Defendant’s trial only, and the
Defendant changes the plea to guilty on the day of the trial, Defendant may be charged with the
cost of the jury.
4. Plea Agreements. Plea Agreements must be filed with the Clerk of Court no later than
twenty-eight (28) days before the term at which the case is scheduled to be tried.
5. Pretrial Motions. All motions required to be made under Rule 12(b)(3) of the Federal
Rules of Criminal Procedure, including motions to dismiss and motions to suppress evidence, and
accompanying supporting memorandum of law, must be in writing and must be filed within sixty
(60) days from the date of this Arraignment Order, or the date on which counsel is appointed or
makes a general appearance, whichever occurs last. Other pretrial motions, including motions in
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limine, shall be filed no later than twenty-eight (28) days prior to the term at which the case is
scheduled to be tried, with Responses due seven (7) days later. Motions not timely filed will be
summarily denied. The Parties are advised that the Court’s ECF system may automatically
generate a “due” date that is different than set in this Order. In that event, the timeframe set
by this Order controls.
6. Motions to Continue. Motions to continue trial shall be filed no later than twenty-eight
(28) days prior to the term at which the case is scheduled to be tried.
7. Motions for Subpoenas. Motions for issuance of subpoenas at government expense
under Fed. R. Crim. P. 17(b), must be filed no later than fourteen (14) days before the term at
which the case is scheduled to be tried.
8. Proposed Jury Instructions; Voir Dire; Verdict Sheets. Proposed jury instructions, voir dire,
and verdict sheets shall be filed and emailed to chambers in Word documents, no later than fourteen (14)
days prior to the term at which the case is scheduled to be tried.
a. Counsel must prepare and jointly submit a single Word document of proposed jury
instructions that are narrowly tailored to the anticipated issues arising at trial, subject
to supplementation at the close of evidence. A proposed instruction without a
supporting citation will not be considered. Counsel should number each proposed
instruction and shall submit each proposed instruction on a separate page. Where
there is disagreement as to any instruction, this jointly prepared submission shall
disclose in a footnote the basis for the party’s objection and (if applicable) provide a
proposed alternate instruction. Standard pattern introductory instructions are not
required to be submitted.
b. Counsel is not required to submit jointly proposed voir dire or verdict sheets.
9. Mistrial. In the event of a mistrial, further pretrial motions must be filed within thirty
(30) days of declaration.
10. Presentence Investigation Report. Objections to the PSR must be served not later than
fourteen (14) days after receipt of the PSR. See Fed. R. Crim. P, 32(f)(1). An extension of up to
seven (7) days may be granted at the discretion of the United States Probation Office; otherwise,
extensions of time may be obtained only upon written motion to the Court. Each objection to a
PSR shall:
a. Specify the page and paragraph of the PSR to which the objection applies;
b. Include a proposed amendment or modification to the language of the relevant
paragraph of the PSR; and
c. Include a statement as to how the calculations of the defendant’s offense level and/or
criminal history will be affected if the objection is allowed, including calculations of
the resulting Guidelines ranges for imprisonment and fines.
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11. Motions for Departure/Variance; Sentencing Memoranda. Any motion for a departure
or variance from the advisory Sentencing Guidelines range, as well as any sentencing
memorandum counsel may wish to submit for the Court’s consideration, must be filed not later
than eight (8) days before the sentencing date, with any memorandum in opposition due not later
than three (3) days before the first day of the term.
Signed: May 9, 2025
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