Financial Affidavit; Instructions; STANDING ORDER GOVERNING THE USE AND DISCLOSURE OF PRETRIAL SERVICES REPORTS

Hon. Joseph H. L. Perez-Montes · U.S. District Court for the Western District of Louisiana

Role: District Judge

Bluebook Citation: Hon. Joseph H. L. Perez-Montes, Financial Affidavit; Instructions; STANDING ORDER GOVERNING THE USE AND DISCLOSURE OF PRETRIAL SERVICES REPORTS, U.S. District Court for the Western District of Louisiana

Judge Profile: Hon. Joseph H. L. Perez-Montes profile and standing orders


Text

=== Financial Affidavit ===

CJA 23 (Rev. 11/11) IN SUPPORT OF REQUEST FOR ATTORNEY, EXPERT, OR OTHER SERVICES WITHOUT PAYMENT OF FEE FINANCIAL AFFIDAVIT IN THE UNITED STATES ’ DISTRICT COURT ’ COURT OF APPEALS IN THE CASE OF ’ OTHER (Specify below) LOCATION NUMBER v. FOR AT PERSON REPRESENTED (Show your full name) CHARGE/OFFENSE (describe if applicable & check boxÿ) ’ Felony ’ Misdemeanor 1 ’ Defendant - Adult 2 ’ Defendant - Juvenile 3 ’ Appellant 4 ’ Probation Violator 5 ’ Supervised Release Violator 5 ’ Habeas Petitioner 7 ’ 2255 Petitioner 8 ’ Material Witness 9 ’ Other (Specify) DOCKET NUMBERS Magistrate Judge District Court Court of Appeals ANSWERS TO QUESTIONS REGARDING ABILITY TO PAY Are you now employed? ’ Yes ’ No ’ Self-Employed Name and address of employer: IF YES, how much do you earn per month? $ IF NO, give month and year of last employment? How much did you earn per month? $ If married, is your spouse employed? ’ Yes ’ No IF YES, how much does your spouse earn per month? $ If you are a minor under age 21, what is the approximate monthly income of your parent(s) or guardian(s)? $ Have you received within the past 12 months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, retirement or annuity payments, or other sources? ’ Yes ’ No RECEIVED SOURCES IF YES, give the amount received and identify the sources $ $ $ EMPLOY- MENT INCOME & ASSETS OTHER INCOME CASH Do you have any cash on hand or money in savings or checking accounts? ’ Yes ’ No IF YES, total amount? $ Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? ’ Yes ’ No VALUE DESCRIPTION PROP- ERTY IF YES, give value and description for each $ $ $ $ MARITAL STATUS Single Married Widowed Separated or Divorced Total No. of Dependents List persons you actually support and your relationship to them DESCRIPTION TOTAL DEBT MONTHLY PAYMENT OBLIGATIONS & DEBTS DEPENDENTS DEBTS & MONTHLY BILLS (Rent, utilities, loans, charge accounts, etc.) I certify under penalty of perjury that the foregoing is true and correct. SIGNATURE OF DEFENDANT (OR PERSON REPRESENTED) $ $ $ $ $ $ $ $ Date Name: Docket No./Violation Notice: ALL AMOUNTS MUST BE MONTHLY AMOUNTS DEBT SCHEDULE Do not list home mortgage debt here. Creditor’s Name: (Banks, Loans, Charge Accounts, etc.) 1. Reason for Debt 2. 3. 4. Total Balance Due $ $ $ $ Total debt and monthly payments: $ Do you have more debts? Yes If yes, continue on separate paper. No Do not include rent payments, home mortgage payments, or debt payments here. MONTHLY LIVING EXPENSE SCHEDULE Groceries & Food Cleaning supplies Laundry Clothing Utility bill Garbage bill Telephone bill Cable bill Entertainment $ $ $ $ $ $ $ $ $ Child support paid Alimony paid Medical bills Gasoline & oil Vehicle repairs Vehicle insurance Home/renter’s insurance Medical insurance Taxes on property, if not included in house not (specify property): Payment to relative (specify relative’s name and relationship): Other expenses (describe in detail): 1. 2. 3. 4. 5. Do you have more expenses? Yes If yes, continue on separate paper. TOTAL MONTHLY EXPENSES No $ $ $ $ $ Monthly Payment $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

=== Instructions ===

RULE 26(f) REPORT INSTRUCTIONS United States District Judge David C. Joseph NOTE: Electronically file This report with the Clerk of Court. 1. Participants: List all counsel participating in the conference and the parties they represent. 2. Affirmation Regarding Initial Disclosures: The parties shall affirm that they complied with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1). If complete disclosures have not been made, explain why not. 3. Jurisdictional Basis: The parties shall state the jurisdictional basis for the suit and any objections to jurisdiction. 4. Brief Description of Claims: Each party asserting a claim, counterclaim, cross-claim, third-party claim, or intervention shall briefly state the following (without merely repeating the content of the pleadings): (a) the specific facts that support the claim; (b) the law and any contractual provision supporting the claim; and (c) the remedy prayed for as to each defendant. 5. Brief Statement of Responses: Each party against whom a claim has been asserted shall provide the following information (without merely repeating the content of the pleadings): (a) the basis or lack thereof for each claim; (b) all affirmative defenses asserted and the legal bases therefor; and (c) whether the dispute in question is one of law, fact, or contractual interpretation. 6 Anticipated Amendments to Pleadings and Motions: Each party shall identify any amendments to the pleadings and any motions (dispositive or otherwise) that it anticipates filing. 7. Anticipated Expert Witnesses: Each party shall state the name (if known) of each anticipated expert witness, the witness’s field of expertise, and the subject matter of the witness’s anticipated testimony. 1 8. Discovery Plan: If the parties conclude that a case-specific Scheduling Order is required, they must set forth an agreed-upon plan prior to the telephone conference with the Magistrate Judge. A case- specific Scheduling Order may be particularly appropriate in cases where early exchange of expert reports is essential to the progression of the case, e.g., in products liability cases, patent infringement suits, etc. In all cases, the parties are expected to proceed with the case diligently and expeditiously. 9. Stipulations: List any matters to which the parties have stipulated. Counsel are encouraged to stipulate to as many factual and legal issues as possible in the interest of reducing pretrial costs and delays. 10. Major Issues of Fact and Law in Dispute: List the major issues of fact and law in dispute. 11. Related Case Information: State whether this case is related in any way to any other pending case, whether federal or state, civil or criminal. If there is a related case, list: (1) the name of the related case, (2) the court in which it is pending, (3) the docket number, (4) the assigned judge, and (5) a brief description of how the cases are related. 12. Alternative Dispute Resolution (ADR): In accordance with the Local Rule 16.3.1 and 28 U.S.C. § 652, the parties must consider the use of alternative dispute resolution (ADR). State the position of the parties as to whether this case is amenable to ADR and, if so, what form of ADR is considered most appropriate, and at what stage of the litigation ADR should occur. Additionally, state whether the parties agree a settlement conference with a Magistrate Judge would be productive. 13. Rule 16 Conference: A Rule 16 conference with the Magistrate Judge may be beneficial. Such conferences may be held in chambers or by telephone, and often result in a substantial reduction in the time and expense spent in pretrial preparation. Each party shall state whether it believes a Rule 16 conference would be beneficial. In certain cases, the court may sua sponte schedule a Rule 16 conference. 14. Electronic Courtroom: State whether this case is document intensive, i.e., whether it will likely require the admission of a large number of documents at trial. The court generally requires that documents or 2 exhibits be shown at trial via use of the “Visual Presenter” or a portable data storage device (e.g., flash drive, CD-ROM, etc.). This is particularly true in document-intensive trials. The court’s requirements for the case will be discussed more fully at the final pretrial conference. For additional information, see the “Electronic Courtroom” page of our website at: https://www.lawd.uscourts.gov/electronic-courtroom. To set up an appointment to become familiar with the operation of the various electronic presentation equipment available in the courtroom, contact Brent Norris, Electronic Coordinator for the Western District of Louisiana, at (337) 593-5006. 15. Electronically Generated Exhibits or Aids: Describe any electronically generated exhibits or demonstrative aids that will be used at trial. “Electronically-generated exhibits or aids” refers to any exhibit or demonstrative aid that is created in whole or in part with the aid of computer software, but excludes evidence which is merely to be exhibited or presented by way of computer, CD-ROM, or video presenter. 16. Handicap Provisions: Advise the court of any anticipated need for handicap accommodations for any party, witness, or trial participant and identify the nature of the handicap so that the necessary accommodations can be made. 3

=== STANDING ORDER GOVERNING THE USE AND DISCLOSURE OF PRETRIAL SERVICES REPORTS ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION STANDING ORDER GOVERNING THE USE AND DISCLOSURE OF PRETRIAL SERVICES REPORTS MAGISTRATE JUDGE PEREZ-MONTES STANDING ORDER “Pretrial Services” is an “arm of the judiciary” created by statute and staffed by the chief probation officer. 18 U.S.C. 21 3152(a); see United States v. Pena, 227 F.3d 23 (2d Cir. 2000). United States Probation Officers thus prepare Pretrial Services Reports (“Bond Reports”) while acting as an “arm of the Court.” Bond Reports “shall be used only for the purposes of a bail determination and shall otherwise be confidential.” 18 U.S.C. § 3153(c)(1). In essentially any circumstance, Bond Reports are not subject to disclosure by statute or regulation; not admissible as evidence at trial or sentencing; and not subject to objections, as are presentence reports. See 18 U.S.C. § 3153(c)(3). Accordingly, the following procedures will be observed in all criminal matters pending before the undersigned:  If the Court will rely upon the contents of a Bond Report in making a bail determination, the Bond Report will be made temporarily available to counsel on the date of the bail hearing, and at no time before. 1 o If the bail hearing will take place in person, attorneys will be provided one physical copy of the Bond Report, which must be returned at the conclusion of the hearing. o If the bail hearing will take place remotely, attorneys will be provided an opportunity to review the Bond Report electronically.  If the Court relies upon the contents of a Bond Report to make a bail determination, that will be stated on the record. See 18 U.S.C. § 3142(i). However, attorneys may not contact or communicate with Pretrial Services Officers, with or without opposing counsel present, to discuss disagreements with, or potential corrections or other adjustments to, Bond Reports. Instead, at the bail hearing, attorneys may request from the Court the opportunity to make any such clarifications or arguments.  Before disclosure, Bond Reports will be redacted to exclude any recommendations (or specific reasons therefor) to the Court, and if necessary, to exclude any other statutorily-protected information not otherwise subject to disclosure. SIGNED on Thursday, August 8, 2024. _______________________________________ JOSEPH H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE 2

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