S.D. Tex. LR 83.8 — Courtroom Behavior

Traditional, formal courtroom etiquette is required of all who appear in court as speciﬁed in Appendix C. SUPPLEMENTAL ADMIRALTY RULES A. DESIGNATION AS “ADMIRALTY CASE” Papers in cases arising within the admiralty or maritime jurisdiction shall bear the word “admiralty” at the top, immediately below the case number. E. ADMIRALTY SALES In the absence of conﬂicting requirements in the order of sale, these are the procedures for sales of property under marshal’s seizure in admiralty actions: 1. Notice The notice of sale shall be published in a daily newspaper of general circulation in the division of the seizure on at least four days, between three and thirty- one days before the sale date. 2. Payment A. Payment to the marshal shall be by cash, cashier’s check, or certiﬁed check; acceptance of cashiers’ checks is conditioned on their payment. B. Accepted bids of less than $1,000 shall be paid to the marshal on their acceptance. C. For accepted bids of $1,000 and more, the higher of ten percent of the bid or $1,000 shall be deposited immediately and be paid in full within 7 days of the sale. If an objection is ﬁled within the 7 days, the buyer may defer payment of the balance until the sale is conﬁrmed. (Amended by General Order 2009-17, effective December 1, 2009). 3. Default If the buyer does not pay the bid on time, (1) the deposit is forfeited to the action, applied to costs, then paid to the registry; and (2) the Court may accept the second bid or order a new sale. 4. Objections 4.1. Time Objections must be written and ﬁled with the marshal within 7 days of the sale date. (Amended by General Order 2009-17, effective December 1, 2009). 4.2. Deposit Objections shall be accompanied by a cost deposit of seven days of estimated expenses of custody. 4.3. Disposition A. If sustained, the deposits by the bidder and objector will be refunded immediately. B. If overruled, the balance of the objector’s deposit that remains after deduction of the expenses of custody from the day of the objection until the day of the conﬁrmation will be paid to the objector. SUPPLEMENTAL HABEAS CORPUS RULES 1. STAYS OF EXECUTION A. Application Requirements A party who seeks to stay the execution of a Texas death warrant shall include in the application: 1. A copy of each state court opinion and judgment in the matter; 2. A description of the relief sought from any United States Court, including action number and court name; 3. The reasons for denying relief given by the courts that have considered the matter, by written opinion or portions of the transcript; and 4. An explanation why issues urged in the application have not been raised or exhausted in state court. B. Appeal If a certiﬁcate of appealability is issued, the stay of execution will continue until the court of appeals acts. C. Successive Applications All applications for relief from state orders in a single matter will be assigned to the judge to whom the ﬁrst application was assigned. All applications for relief from state orders after the ﬁrst will be strictly and promptly considered. CRIMINAL RULES CrLR6. GRAND JURY WITNESSES Names of witnesses appearing before a grand jury may be sealed for cause. CrLR12. CRIMINAL PRETRIAL MOTION PRACTICE Cr12.1 Implementation Fed.R.Crim.P.12 and this rule are to be followed to ensure consistent and efficient practice before this Court. Motions and responses that do not comply with these rules are waived. Cr12.2 Form A pretrial motion shall be in writing and state speciﬁcally the basis for the motion. The motion shall be supported by a statement of authority. It shall also be accompanied by a separate order granting the relief requested and by an averment that the movant has conferred with the respondent, but that an agreement cannot be reached on the disposition of the motion. If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue. An unopposed motion and its order must bear in the captions “unopposed.” Cr12.3 Reponses If the respondent contests the motion, the response must be in writing, accompanied by authority and controverting affidavit or declaration of material facts, together with a separate order denying the relief sought Cr12.4 Service All motions must be served on all parties and contain a certiﬁcate of service. Cr12.5 Submission At the time of arraignment, the judicial officer shall set the time for pretrial motions and for any responses to the motions. CrLR18. PLACE OF TRIAL WITHIN THE DISTRICT A. Division in Which Prosecution and Trial May Occur 1. Unless a statute, other rule, or court order requires otherwise, the government may prosecute a case in any Division in the District in which the offense was committed, in whole or in part. 2. The court may ﬁx the venue of a criminal case in any Division in the District, consistent with Fed.R.Crim.P.18 and this Local Rule. B. Multiple Offenses In cases involving multiple offenses joined under Fed.R.Crim.P.8(a), the court may ﬁx the venue in any Division in the District in which any one of the offenses may be tried. C. Multiple Defendants In cases involving multiple defendants joined under Fed.R.Crim.P.8(b), the court may ﬁx the venue in any Division in the District in which any one of the defendants may be tried. D. Intradistrict Transfer On a judge’s own motion or on the motion of a party, the judge in whose court the case was ﬁled may transfer the case to a different Division in the District, if, after notice to the parties and an opportunity for them to be heard, the judge ﬁnds that the case was not ﬁled in the proper Division or that transfer to a different Division would be in the interests of justice, based on the convenience of the defendant and the witnesses and on the prompt administration of justice. 1. If a case is transferred to another Division under Rule 18 and this Local Rule, the Clerk of Court will assign the case to a judge in the transferee Division in accordance with the plan for random assignment, unless the transferor judge orders that he or she will continue to handle the case after transfer. 2. If a case is retained in the Division where it was ﬁled, the judge may direct the Clerk of Court to assign it to a judge in a Division in which venue would have been proper under Rule 18 and this Local Rule, in accordance with the plan for random assignment. (Added May 14, 2019, General Order 2019-4). CrLR23. TRIAL Cr23.1 Free Press-Fair Trial Guidelines The Free Press-Fair Trial Guidelines of the Judicial Conference of the United States shall apply to all criminal proceedings in this district. 87 F.R.D. 519, 525 (1980). Cr23.2 Electomechanical Devices Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted in the courthouse. CrLR24. JURIES Cr24.1 Juror Contact Except with leave of Court, no attorney, party, nor agent of either of them may communicate with a former juror to obtain evidence of misconduct in the jury’s deliberations. Cr24.2 Jurors’ Names A. The names of grand jurors shall be held conﬁdential. B. The trial judge may hold the names of petit jurors conﬁdential. C. Names of jurors held conﬁdential shall not be disclosed other than to employees of the judiciary of the United States in their official duties. CrLR32. SENTENCING PROCEDURES Cr32.1 Waiver of the Presentence Investigation A presentence investigation will be prepared and submitted to the Court unless the Court ﬁnds that information in the record enables it to exercise its sentencing authority under 18 U.S.C. § 3553 and explains this ﬁnding on the record. A. On motion ﬁled before rearraignment, the Court will consider waiving the preparation of the presentence investigation. The motion shall contain: 1. a factual summary of the defendant’s relevant conduct in committing the offense; 2. a listing of the defendant’s criminal history, including dates of conviction, dispositions, and representation by counsel; 3. guideline calculations leading to the establishment of the total offense level and criminal history category; 4. a statement reﬂecting the resulting imprisonment, ﬁne and supervised release ranges, as well as any factors that may warrant a departure from these ranges; and 5. a statement as to the identity and address of any victim(s) and the amount of restitution due to any victim. In the case of any identiﬁed victim where no restitution or only partial restitution is being recommended, the motion shall include a statement justifying the recommendation. Cr32.2 Order of Presentence Investigation and Initial Disclosure Date At the time of determination of guilt, the Court will ﬁx the date by which the initial presentence report shall be disclosed to counsel. The normal schedule for investigation, preparation, and completion of the initial report will be 35 days. In addition, unless waived by the defendant, the presentence report shall be disclosed not less than 35 days before the sentencing date. Cr32.3 Presence of Counsel On request, defense counsel 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. A. A request to be present at interviews conducted by the probation officer must be made to the probation office immediately after the determination of guilt, followed by written notice to the probation office within 7 days. (Amended by General Order 2009-17, effective December 1, 2009). B. The term “interview” applies to communications initiated by the probation officer for purposes of developing information which will be used in preparation of the presentence investigation. Spontaneous or unplanned encounters between the defendant and probation officer would not normally fall within the purview of this rule. C. Having received notice, defense counsel, or his/her designee, is responsible for being present at the interview(s) to enable timely completion of the presentence report. Cr32.4 Delivery Presentence reports and related documents are ﬁled under seal by the probation office electronically in the Court’s Electronic Filing System (CM/ECF). The Notice of Electronic Filing (NEF) automatically generated by the Court’s Electronic Filing System notiﬁes counsel their copy of the report can be retrieved utilizing their Filing User log-in and password issued upon admittance to the bar of this Court. (See Administrative Procedures for Electronic Filing in Civil and Criminal Cases). In extenuating circumstances, paper copies may be requested from the probation office by counsel. Counsel will then be responsible for obtaining the paper copy of the report at the probation office in the city of the sentencing court, or making arrangements with the probation office for alternative delivery, at counsel’s expense. These arrangements should be conﬁrmed in writing with the probation office. Delivery via facsimile is not authorized. Alternative delivery extends no time limits. (Amended by General Order No. 2014-4, effective January 31, 2014). Cr32.5 Counsel’s Duty Defense counsel shall disclose every report to the client. Cr32.6 Objections A. Within 14 days after disclosure of the initial report, counsel shall deliver objections to the report in writing to the probation office. Objections to the report shall include proposed changes to the facts of the offense as reported and to the interpretation and application of the sentencing guidelines. B. A party not objecting must deliver a statement of non-opposition to the probation office. C. All papers must contain a certiﬁcate of service on all counsel. A copy of the instrument and certiﬁcate shall be ﬁled with the district clerk. Cr32.7 Final Report A. After the time for objections, the probation office shall promptly investigate and revise the initial report, as required. The probation office may require counsel to meet the officer to discuss disputed factual and legal issues. B. Within 14 days after the time for objections but in no event later than 7 days before sentencing, the probation office shall submit to the sentencing judge the ﬁnal report, with an addendum of unresolved objections and the officer’s comments on them. The ﬁnal report shall contain a certiﬁcate that it has been disclosed to all counsel and that a copy has been ﬁled under seal with the district clerk. Cr32.8 Availability The initial report may be obtained on the disclosure date established by the Court. The ﬁnal report (if different from the initial report) and addendum may be obtained as soon as counsel are notiﬁed that the report is available. Notiﬁcation will be accomplished via a Notice of Electronic Filing issued by the Court's Electronic Filing System (CM/ECF). (Amended by General Order No. 2014- 4, effective January 31, 2014). Cr32.9 Effect Except for objections in the addendum, the Court may accept the ﬁnal report as accurate. Absent a clear demonstration of good cause, no party shall be allowed at the time of sentencing to present other objections. Cr32.10 Sentencing Date Unless waived by the defendant, the sentencing date shall be at least 7 days after the ﬁnal report is delivered to the Court. Cr32.11 Limitation This rule does not require disclosure of portions of the report not disclosable under Fed.R.Crim.P.32. The probation officer’s recommendation on the sentence shall not be disclosed unless so ordered by the sentencing judge. CrLR46 BOND PROCEDURE Cr46.1 Sureties and Non-Assignability of Receipts No employee of the United States Courts or of the United States Marshal’s Service will be accepted as surety on any bond or undertaking in any proceeding. A clerk’s receipt or the claim for the refund of a deposit is not assignable. Cr46.2 Return of Criminal Bond Deposits When a depositor is entitled to a refund of the deposit, the clerk will submit the request for the refund to the United States Attorney who will certify that the defendant has met the obligations of the bond fully and that the United States Attorney consents to the return. CrLR49 FILING REQUIREMENTS The provisions of Civil Local Rule 5 with respect to electronic ﬁling and service in civil cases are applicable to criminal cases. (Amended by General Order No. 2005-7, effective April 6, 2005). CrLR55 RECORDS Cr55.1 Withdrawal of Instruments No ﬁled instrument shall be removed from the clerk’s custody without an order. Cr55.2 Exhibits at Criminal Trials A. Authentication of Exhibits A party requiring authentication of an exhibit must notify the offering party in writing within 7 days after the exhibit is listed and made available. Failure to object in advance of the trial in writing concedes authenticity. B. Objections to Exhibits Objections to admissibility of exhibits must be made at least 7 days before trial by notifying the Court in writing of the disputes, with copies of the disputed exhibit and authority. C. Disposition of Exhibits 1. Exhibits that are not easily stored in a ﬁle folder (like posters, parts, or models) must be withdrawn within 7 days after the completion of the trial and reduced reproductions or photographs substituted. 2. If there is no appeal, exhibits will be removed by the offering party within thirty days after disposition of the case. When there is an appeal, exhibits returned by the court of appeals will be removed by the offering party within 14 days after written notice from the clerk. Exhibits not removed will be disposed of by the clerk, and the expenses incurred will be taxed against the offering party. (Amended by General Order 2009-17, effective December 1, 2009). CrLR57. MISCELLANEOUS Cr57.1 Magistrate Judges The magistrate judges of this District are authorized to perform all of the duties allowed by law, including the provisions of 28 U.S.C. § 636, General Order No. 2001-6, and General Order 91-26. These local rules apply to proceedings before a magistrate judge. (Amended by General Order 2001-9, effective June 25, 2001). Cr57.2 Courtroom Behavior Traditional, formal courtroom etiquette is required of all who appear in court as speciﬁed in Appendix C. Cr57.3 Admission to Practice The provisions of Civil Local Rule 83.1 with respect to admission to practice are applicable to criminal cases. CrLR58. PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFFENSES Cr58.1 Forfeiture of Collateral in Lieu of Appearance A. A person or organization charged with a misdemeanor or a petty offense as deﬁned in 18 U.S.C. § 19 for which there is a published schedule providing for forfeiture of collateral may, in lieu of appearance, post collateral in the amount indicated for the offense, waive appearance before the United States District or Magistrate Judge, and consent to forfeiture of collateral. B. The Court has adopted forfeiture schedules and may from time to time modify and change these schedules by general order of the court without notice or comment. C. If a person or organization charged with an offense under Section A of this Rule fails to post and forfeit collateral, any punishment, including ﬁne, imprisonment, or probation, may be imposed within the limits established by law upon conviction by plea or after trial. D. A person or organization charged with a misdemeanor or petty offense for which there is not a published schedule providing for forfeiture of collateral must appear before a United States District or Magistrate Judge. E. Of the total collateral amount paid, the sum of ﬁve dollars is designated as the special assessment required by 18 U.S.C. § 3013. (Added May 3, 2001).