[Reserved]
LCrR 10
ARRAIGNMENT
[Reserved]
LCrR 11
PLEAS
(a) through (h) [Reserved]
(i) Felony Pleas Before Magistrate Judges
The attorney for the government and the attorney for a defendant may jointly request that the assigned
District Judge refer the case to a Magistrate Judge for entry of a felony plea.
Magistrate Judges are authorized to accept waivers of indictment and guilty pleas in felony cases with the
consent of the defendant, the defendant’s attorney, and the attorney for the government, and to order a
presentence investigation report concerning any defendant who pleads guilty to felony charges (Fed R.
Crim. P. 7(b), 11(a), and 32(c)).
The Magistrate Judge accepting the plea shall file and serve a Report and Recommendation. Within
fourteen (14) days after such service, any party may file and serve written objections thereto, and any
party desiring to oppose such objections shall have seven (7) days thereafter within which to file and
serve a written response. The District Judge may accept, reject or modify, in whole or in part, the Report
and Recommendation of the Magistrate Judge. Sentencing shall take place before the District Judge to
whom the case has been assigned.
LCrR 12
PLEADINGS AND PRETRIAL MOTIONS
(a) and (b) [Reserved]
(c) Motion Deadline
(1) Time for Motions. Unless good cause is shown, all defenses, objections, or requests
pursuant to Fed. R. Crim. P. 12, which are capable of determination without the trial of
the general issue, must be raised by pretrial motion and noticed for hearing on or before
the deadline set by the assigned judge for hearing all pretrial motions. Motions shall be
noticed in accordance with this Rule.
(2) Hearing on Motions. Unless otherwise ordered by the court, motions shall be noted for
consideration at the pretrial conference. All motions shall include the date, time, and
place for the hearing in the motion’s caption.
(3) Expedited Motions. To seek an expedited hearing on a time sensitive matter, the moving
party must file a motion to expedite which: (1) demonstrates good cause; (2) states the
position of the opposing party; and (3) sets a date of hearing that is not less than seven (7)
days after the motion's filing. Should the motion to expedite require more immediate
judicial attention, the motion shall establish the necessity for an immediate hearing and
the filing party shall notify chambers staff of the motion immediately upon filing.
(4) Oral Argument and Evidentiary Hearings. A party desiring oral argument shall so
indicate by typing “ORAL ARGUMENT REQUESTED” in the caption of the motion or
responsive brief and, unless otherwise ordered by the court, note the hearing for the
pretrial conference.
If an evidentiary hearing is requested, a party shall so indicate by typing
“EVIDENTIARY HEARING REQUESTED” in the caption of the motion or responsive
brief, provide authority for such procedure and an estimate of the time needed for such
hearing. If the court determines an evidentiary hearing is appropriate, the clerk will notify
the parties of the date, hour, and place thereof.
(5) Motions for Reconsideration. Motions for reconsideration are disfavored and are limited
to five (5) pages in length. The court will ordinarily deny such motions in the absence of
a showing of manifest error in the prior ruling or a showing of new facts or legal
authority which could not have been brought to its attention earlier with reasonable
diligence.
No response to a motion for reconsideration shall be filed unless requested by the court.
No motion for reconsideration will be granted without such a request. The court’s request
will set a time when the response and reply are due, and may limit the response and reply
to particular issues or points raised by the motion.
(d) through (h) [Reserved]
LCrR 12.1
NOTICE OF AN ALIBI DEFENSE
[Reserved]
