(a) Objection to the Presentence Report.
(1) Within 14 days after disclosure to the parties of the initial presentence
report, a party must communicate any objections to the probation officer
and opposing party.
(2) The objection:
(A) must clearly identify the issues;
(B) must be in writing; and
(C) the written objection must not be filed with the court.
(3) Within 7 days after notice of an objection, the parties and probation must
make reasonable efforts to resolve the objections.
(b) Filing the Presentence Report and Sentencing-Related Documents.
(1) No fewer than 7 days before sentencing, probation must file with court
the presentence report, including an addendum that contains any
unresolved objections and probation’s comments on those objections.
(2) No fewer than 7 days before sentencing, a party may file a sentencing
memorandum or Position of Party with Respect to Sentencing Factors.
(3) Unless ordered otherwise, documents pertaining to the defendant must
be provided to probation no later than 10 days before the sentencing
hearing.
(4) When the court receives documents, excluding those received from
probation, the government, or defense counsel, relevant to the issue of
sentencing before a hearing and does not consider the documents, the
Local Rules of Criminal Practice - District of Utah Eff. December 2025
courtroom deputy will forward a copy to the relevant party’s attorney
when represented or party when unrepresented and not file a copy in the
case. If the court considers the documents in advance of the hearing or at
the hearing, the courtroom deputy will provide copies to the parties and
file copies in CM/ECF within 3 days after the hearing as a supplement to
the report.
(5) If a person brings documents relevant to the issue of sentencing to the
sentencing hearing and the court considers the documents, the courtroom
deputy will file copies in CM/ECF within 3 days after the hearing as a
supplement to the report.
(6) These documents must be filed in CM/ECF consistent with General Order
24-004, unless the court orders otherwise.7
(c) Restrictions on Disclosure of Sentencing Recommendations.
A copy of the presentence report will exclude the probation officer’s confidential
recommendation.
(d) Dissemination and Disclosure.
(1) Dissemination Generally. Except as otherwise provided by Fed. R. Crim. P.
32(e), presentence reports and confidential records maintained by the
United States Probation Office will not be released except by order of the
court.
(2) Disclosure to Correctional and Treatment Agencies. Probation reports,
including the presentence report, may be forwarded routinely to the
United States Sentencing Commission, the Federal Bureau of Prisons,
federal contract facilities, the United States Parole Commission, courts of
appeals and respective parties, as well as other United States Probation
7 See n.1.
Local Rules of Criminal Practice - District of Utah Eff. December 2025
Offices, in accordance with federal probation system policies and
procedures. The probation office may prepare a summary of background
material in a case for other correctional or treatment agencies and may
review the appropriate file with professional staff members from those
agencies upon receipt of a Consent to Release Information form signed by
the defendant.
