(a) Report.
When the United States requests the detention of a defendant, the magistrate
judge will request a report (e.g., a pretrial services report or supervised release
report) under 18 U.S.C. § 3154 from the probation office. The report must
Local Rules of Criminal Practice - District of Utah Eff. December 2025
address rebuttable presumptions of detention under 18 U.S.C. § 3142(e)(2) and
potential penalties for the alleged violation.
(b) Filing.
Before the defendant’s first court appearance, the probation officer must, when
possible, file the report in the court’s CM/ECF system consistent with General
Order 24-004, unless the court orders otherwise.1
(c) Documents.
(1) When the court receives documents, excluding those received from
probation, the government, or defense counsel, relevant to the issue of
detention before a hearing and does not consider the documents, the
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.
(2) If a person brings documents relevant to the issue of detention to a
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.
1 In 2025, the Administrative Office of the U.S. Courts directed the district courts to implement
new procedures for the storage and management of sealed documents. Consistent with that
direction, the court issued General Order 25-004, which removes electronic access in CM/ECF
to restricted and sealed documents. Although these documents must still be filed in CM/ECF in
compliance with local rules, the ECF Procedures Manual, and General Order 24-004, parties
must serve them by other appropriate means under the applicable Federal Rules of Procedure.
For details, see General Orders 25-004 and 24-004. Additional general orders may be issued as
needed regarding electronic access to sealed and restricted documents.
Local Rules of Criminal Practice - District of Utah Eff. December 2025
(3) These documents must be filed in CM/ECF system consistent with General
Order 24-004, unless the court orders otherwise.2
(d) Confidentiality, Use, and Disposal of Reports and Documents.
(1) The reports are confidential, subject to the limitations and exceptions of
18 U.S.C. § 3153(c).
(2) A copy of the report must be made available to court, defense counsel,
and the government as soon as possible but no later than at the time of
the hearing.
(3) Defense counsel may discuss and review the report with the defendant.
(4) Defense counsel and the government must not disclose the report to
other parties or nonparties absent a court order, rule, or policy.
(5) An unrepresented defendant must return the copy of the report they
received to the probation officer within 7 days after the hearing where the
report or document was considered. An unrepresented party must not
disclose or disseminate copies of the report.
(6) When information in a report or document is disclosed, the recipient must
keep the information confidential and use the information only for
administering justice.
(e) Requests for Additional Disclosure.
(1) The court may authorize the additional disclosure of a report,
separate from that which is authorized by this rule, after receiving a
written motion and upon a showing a good cause and after
considering:
(A) any promise of confidentiality to the source of the information;
(B) any harm that such disclosure might cause to any person;
2 See n.1.
Local Rules of Criminal Practice - District of Utah Eff. December 2025
(C) the objective of confidentiality, as stated in the confidentiality
regulations; and
(D) the purpose of the disclosure.
(2) The motion requesting disclosure of a report should be made to the
district or magistrate judge assigned to the case.
