BANKRUPTCY APPEALS
U.S. District Court for the Southern District of Iowa
Text
a. Rules. Except as provided in this rule, the Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms apply to all appeals from the United States Bankruptcy Courts for the Northern and Southern Districts of Iowa to the United States District Courts for the Northern and Southern Districts of Iowa. b. Briefs. Federal Rule of Bankruptcy Procedure 8015(a)(7) is modified to provide that principal briefs must not be more than 20 pages in length and reply briefs must not be more than 5 pages in length, exclusive of pages containing the table of contents, table of authorities, and any addendum containing statutes, rules, regulations, or similar material. The court may allow a longer brief upon the filing of an appropriate application showing good cause for exceeding these page limitations. c. Lawyers.
Local Rule 83, relating to the admission of lawyers to the bar of the court, applies to lawyers representing parties in appeals from the bankruptcy court to the court. All lawyers representing parties in such cases must be authorized to appear in the court by Local Rule 83. d. Electronic filing. Local Rule 5A, relating to electronic filing and electronic access to case files in the court, applies to appeals from the bankruptcy court to the court. All lawyers representing parties in such cases, including lawyers admitted pro hac vice (see LR 83(d)(3 , must be registered to participate in the ECF system, and must file all documents in the case electronically. e. Dismissal for Failure to Pay Fees.
Upon the failure of the party filing the appeal to pay any fees required by statute or as may be set by the Judicial Conference of the United States Courts, the bankruptcy judge may send a recommendation to the court that the appeal be dismissed. 70 PAGE INTENTIONALLY LEFT BLANK 71 CRIMINAL RULES LCrR 1 GENERAL PROVISIONS; SCOPE a. Citation Form. The local criminal rules are to be cited as “LCrR local civil and criminal rules are collectively referred to herein as the “rules” or the “Local Rules.” .” The b. Scope. The local criminal rules govern all criminal proceedings in the Northern and Southern Districts of Iowa to the extent they are not inconsistent with any statute or law of the United States or any rule or order of the Supreme Court of the United States having the force of law.
Except as otherwise provided or where the context so indicates, the local civil rules govern criminal proceedings to the extent they are not inconsistent with any express provision of a local criminal rule. c. Modification of Local Rules by Presiding Judge. The Local Rules are subject to modification in any case at the discretion of the presiding judge. d. Speedy Trials. The courts’ amended and modified plans pursuant to the Speedy Trial Act of 1977, 18 U.S.C. §§ 3165-3166, govern the scheduling of criminal trials. These plans may be found on the courts’ websites. e. Pro Hac Vice Admission.
A lawyer who is not a member of the bar of the court must, before appearing in a criminal case, comply with the requirements of Local Rule 83(d)(3). 72 LCrR 3 COMPLAINTS a. Presentation. Complaints ordinarily should be presented to a magistrate judge for review and execution, but a complaint may be presented to a district court judge if no magistrate judge is available. If no federal judge is reasonably available, a complaint may be presented to a state or local judicial officer.
A copy of the proposed complaint and any supporting affidavits must be delivered to the magistrate judge for his or her private review before a request is made for the magistrate judge to sign the complaint. For good cause shown, the magistrate judge may waive this requirement. b. How Filed. All criminal complaints must be filed using the ECF system (see LR 5A(g)(3 . Notwithstanding Local Rule 5A(j), a complaint will be deemed by the court to have been filed on the date it is signed by a federal judge. c. Lawyer for Government.
Ordinarily, a person presenting a complaint to a magistrate judge should be accompanied by a lawyer for the government. If justified by unusual circumstances, a magistrate judge may entertain a proposed complaint from a person who is not accompanied by a lawyer for the government. d. Emergencies. In an emergency situation, a magistrate judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a proposed complaint. If no magistrate judge is available, a district court judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a proposed complaint.
73 LCrR 5 APPEAL AND RECONSIDERATION OF RELEASE AND DETENTION ORDERS a. Appeal of Release Orders and Detention Orders. A party may appeal from a release or detention order issued by a magistrate judge by filing a motion pursuant to 18 U.S.C. § 3145(a) or (b) for revocation or amendment of the order. Subject to excuse for good cause shown, the motion must be filed within 14 days after the release or detention order has been filed. The movant must arrange promptly for the transcription of all portions of the record the district court judge will need to rule on the motion.
(See generally LCrR 59, relating to appeals from orders issued by magistrate judges on pretrial matters). b. Release Orders and Detention Orders Issued in Other Districts. If a defendant is released or detained by a magistrate judge in another district after appearing in that district on a charge from this district, the 14-day period in section (a) of this rule does not begin to run until the date of the defendant’s initial appearance on the charge in this district. c. Request for Reconsideration of Release Orders and Detention Orders. At any time before trial, a party may file a motion requesting a magistrate judge to reconsider a release or detention order entered previously by a magistrate judge. (See 18 U.S.C. § 3142(f . d. Caption.
A party filing a motion under this rule must state in the caption of the motion whether it is for appeal to the district court judge or reconsideration by a magistrate judge. 74 LCrR 6 GRAND JURY RETURN a. Returns. An indictment must be returned to a federal judge in open court by the grand jury or by the foreperson or deputy foreperson of the grand jury. An indictment will be deemed by the court to have been filed on the date it is returned to a federal judge in open court. b. Sealing of Indictments.
Immediately after an indictment is returned by the grand jury, the lawyer for the government must provide the Clerk of Court with the original indictment and a copy of the indictment with the identity of the grand jury foreperson and all personal data identifiers redacted. (See LR 10(g) and LCrR 7(a . The Clerk of Court will file the original of the indictment under seal. The redacted copy will be docketed and available to the public, unless otherwise ordered by the court, immediately after the initial appearance in the district of any defendant charged in the indictment.
75 LCrR 6A CONTACT WITH GRAND JURORS a. Contacts by Defendants or Witnesses. Except upon leave of court, no actual or potential defendant or witness, and no lawyer or other person acting on their behalf, may contact, interview, examine, or question any grand juror or potential grand juror concerning the juror’s actual or potential grand jury service. b. Contacts by Lawyers for the Government. Except upon leave of court, no lawyer for the government or other person acting on his or her behalf may contact, interview, examine, or question any grand juror or potential grand juror concerning the juror’s actual or potential grand jury service, except that contacts may be made on the record during grand jury proceedings and as necessary in connection with the administration of the grand jury. 76 LCrR 7 INDICTMENT a. Personal Data Identifiers in an Indictment or Information.
Local Rule 10(g), relating to personal data identifiers, applies in criminal cases, except an indictment or information may include a personal data identifier if necessary to comply with the requirements of federal law. If an information contains personal data identifiers, the lawyer for the government must provide the Clerk of Court with the original information and a copy of the information with all personal data identifiers redacted. (See LR 10(g . The Clerk of Court will file the original information under seal and the redacted copy of the information in the public case file.
(See LCrR 6(b), relating to the filing under seal of indictments containing personal data identifiers). b. Superseding Indictment Changes. When a superseding indictment is filed, the lawyer for the government contemporaneously must file a brief statement describing the differences between the original indictment and the superseding indictment. Counsel should give consideration to also filing a red-lined version of the superseding indictment to highlight significant proposed changes for the ease of the court and opposing counsel. 77 LCrR 10 WRITTEN ARRAIGNMENT, PLEA, AND WAIVER OF PERSONAL APPEARANCE FORM A defendant who has been charged by indictment or misdemeanor information and has had an initial appearance pursuant to Federal Rule of Criminal Procedure 5 may, pursuant to Federal Rule of Criminal Procedure 10(b), waive personal appearance at the arraignment on the charges and plead not guilty by filing a written waiver of personal appearance in the form available on the courts’ websites.
The waiver must be filed at least 4 days before the time scheduled for the arraignment. Defendants are encouraged to electronically file a waiver of personal appearance form in lieu of personally appearing at arraignments on superseding indictments and superseding misdemeanor informations. 78 LCrR 11 PLEA HEARINGS a. Delivery of Plea Agreement to the Court. The lawyer for the government must email a copy of any plea agreement to the presiding judge handling the plea proceeding by at least 12:00 p.m. of the last business day before the plea hearing is scheduled to occur. b. Rule 11 Letter.
By at least 12:00 p.m. of the last business day before a plea hearing is scheduled to occur, the lawyer for the government must email to the presiding judge and opposing counsel a letter setting out the maximum penalties and any mandatory minimum penalties that could be imposed by the court as a result of the plea, the potential maximum statutory penalty for violation of supervised release conditions, the elements of all offenses to which the defendant is pleading, the factual basis for the plea, any collateral consequences to the plea (e.g., immigration, restitution, forfeiture, etc.), whether the United States will seek detention pending sentencing, and whether defendant is subject to mandatory detention. 79 LCrR 12 MOTION, NOTICE, AND REQUEST DEADLINES a. Deadlines for Non-Trial-Related Motions, Notices, and Requests. Unless some other deadline is established by order of the court, all motions, notices, and requests under Federal Rules of Criminal Procedure 12(b), 12.1(a)(1), 12.2(a) and (b), 12.3(a) and 21; all notices and requests pursuant to the Federal Rules of Evidence; and all other non-trial-related motions must be filed, given, or made within 28 days after the date of the defendant’s first arraignment, except a request under Federal Rule of Criminal Procedure 12(b)(4)(B) must be made at the arraignment or as soon thereafter as is practicable. Notwithstanding this rule, a motion relating to a notice or request is timely if filed within 7 days after service of the notice or request. b. Deadlines After Continuance or Superseding Indictment.
When a trial date is continued, or a superseding indictment is returned, the original deadlines prescribed under the Local Rules or by order of the court remain unchanged unless, within 7 days after the continuance order has been entered or at the arraignment on the superseding indictment, either the defendant or the government requests that new deadlines be set, and an order is entered by the court changing the deadlines. c. Deadlines for Trial-Related Motions. Motions in limine, motions pursuant to Federal Rule of Evidence 104(a), and all other trial-related motions must be filed as soon as practicable. All such motions must be filed at least 7 days before trial. Motions covered by Local Criminal Rule 12(a) and motions to transfer are not trial-related motions for purposes of this section. d. Motion Procedure.
Local Criminal Rule 47 governs motion procedure in criminal cases. e. Untimely Motions. The court may refuse to consider an untimely motion unless the moving party establishes good cause for the untimeliness of the motion. 80 LCrR 16.1 DISCOVERY Stipulated Discovery Plan. At an arraignment, the parties may be asked if they are willing to agree to a stipulated discovery plan.
If such a plan has been implemented in the district, and if the parties agree to participate in the plan, the magistrate judge may enter a standard discovery order. The entry of a standard discovery order constitutes compliance by the parties with Federal Rule of Criminal Procedure 16.1(a). 81 LCrR 17 SUBPOENAS AND WRITS a. Delivery of Subpoenas to Marshal. The serving party is responsible for providing the United States Marshal’s office with an original and 2 copies of each subpoena requested to be served by the Marshal’s office.
A subpoena for a hearing or trial to be served within the district by the United States Marshal must be delivered to the Marshal’s office at least 14 days before the hearing or trial at which the witness is to testify, and a subpoena for a hearing or trial to be served outside of the district by the United States Marshal must be delivered to the Marshal’s office at least 21 days before the hearing or trial at which the witness is to testify. Service of a subpoena delivered to the Marshal’s office after these deadlines is not guaranteed; the subpoena will only be served if the Marshal’s office is able to schedule service conveniently within the time allowed. b. Private Service of Process Not Authorized by the Criminal Justice Act. Unless prior approval is obtained from a magistrate judge, a lawyer appointed under the Criminal Justice Act may not use private process servers to serve subpoenas for criminal hearings or trials but must use the United States Marshal’s office for such service. c. Deadline for Delivering Writ of Habeas Corpus Ad Testificandum to Marshal. A writ of habeas corpus ad testificandum to be served within the district must be delivered to the United States Marshal’s office at least 14 days before the hearing or trial at which the witness is to testify, and a writ of habeas corpus ad testificandum to be served outside of the district must be delivered to the Marshal’s office at least 21 days before the hearing or trial at which the witness is to testify. d. Deadline for Obtaining Approval of Subpoenas and Writs.
A lawyer appointed under the Criminal Justice Act who requests a subpoena and any lawyer who requests a writ of habeas corpus ad testificandum must submit a request to a magistrate judge for approval of the subpoena or writ at least 4 days before the deadline for delivering the subpoena or writ to the United States Marshal. 82 LCrR 24 JURY SELECTION IN MULTI-DEFENDANT CASES In multi-defendant cases, a request by a defendant for additional peremptory challenges must be made in writing at least 14 days before jury selection. 83 LCrR 28 INTERPRETERS a. Responsibility for Obtaining. When interpreters are required in criminal proceedings or in civil proceedings initiated by the United States, the Clerk of Court will obtain the services of certified or otherwise qualified interpreters, except the United States Attorney must obtain the services of such interpreters for government witnesses.
In all other cases, a party requiring the services of an interpreter must obtain interpreting services. b. List of Interpreters. The Clerks of Court have a list of SDIA and NDIA interpreters who have been certified by the Director of the Administrative Office of the United States Courts and will make the list available to interested persons upon request. c. Grand Jury. The government must make and preserve an electronic sound recording of any part of any grand jury proceedings in which an interpreter is used. The government may destroy any such sound recording after a period of 5 years from the making of the recording. d. Confidentiality.
Court interpreters must comply with all statutory requirements of confidentiality and secrecy and must protect all privileged and confidential information. Court interpreters must not disclose to anyone information of a confidential nature obtained while performing interpreting duties during or relating to proceedings in the court unless ordered to do so by the court. e. Conflicts. Court interpreters must disclose promptly to the court and to the parties any apparent or actual conflict of interest, including any prior involvement with the case or with persons significantly involved in the case. f. Advice. A court interpreter must refrain from giving advice of any kind to any party or individual involved in court proceedings for which the interpreter has been engaged to perform interpreting services. g. Opinions.
A court interpreter must not publicly express an opinion concerning court proceedings for which the interpreter has been engaged to perform interpreting services. h. Notification by Clerk of Court. The Clerk of Court will notify interpreters of the requirements of this rule by providing a copy of the rule to each interpreter upon his or her first appearance in court proceedings in this district. This requirement does not apply to telephone interpreters supplied to the court by the Telephone Interpreting Program. (See LCrR 28(i . i. Certified Telephone Interpreters.
In criminal cases, the court may use certified interpreters supplied by the Telephone Interpreting Program sponsored by the Administrative Office of the United States Courts. Any objection to the use of such an interpreter must be made before the commencement of the proceeding being interpreted. 84 LCrR 32 SENTENCING HEARINGS; DISCLOSURE OF CONFIDENTIAL RECORDS MAINTAINED BY THE UNITED STATES PROBATION OFFICE a. Sentencing Hearings. Each district judge may decide the procedures and deadlines that will apply to sentencing hearings over which they preside. b. Disclosure of Confidential Records Maintained by the United States Probation Office.
Unless specifically authorized by this rule or by federal law, no confidential records of the court maintained by the United States Probation Office (“USPO”) will be disclosed except by order of a federal judge of the district where the records are maintained. 1. Confidential Records. Confidential records of the court maintained by the USPO include records of an accused or defendant pertaining to the following: (A) pretrial supervision, release, or detention; (B) mental, drug, or physical evaluations or treatment; (C) presentence investigations; (D) sentencings; (E) incarceration; (F) parole; (G) probation; and (H) supervised release.
Unsealed USPO records maintained in the files of the Clerk of Court are not confidential records for purposes of this rule. 2. Petition Required. Anyone seeking disclosure of confidential records first must serve on the USPO and file a written petition setting forth with particularity good cause justifying the requested disclosure.
A showing of good cause must include the following: (A) the need for the specific information contained or believed to be contained in the records; and (B) a legal basis for disclosure of the records. This subsection does not preclude the USPO from disclosing information or records to the lawyers for the parties. 3. Subpoena or Other Judicial Process.
If the USPO receives a subpoena or other judicial process for disclosure of confidential court records, the USPO must seek instructions from the court before responding to the subpoena or other judicial process. 85 LCrR 41 SEARCH WARRANTS a. Presentation. A search warrant application ordinarily should be presented to a magistrate judge, but it may be presented to a district court judge if no magistrate judge is available. If no federal judge is reasonably available, a search warrant may be presented to a state or local judicial officer.
The application, the proposed search warrant, and any supporting affidavits must be delivered to the magistrate judge for his or her private review before a request is made for the magistrate judge to sign the warrant. For good cause shown, the magistrate judge may waive this requirement. b. Lawyer for Government. Ordinarily, an officer presenting a search warrant application to a magistrate judge should be accompanied by a lawyer for the government. If justified by unusual circumstances, a magistrate judge may entertain a search warrant application from an officer who is not accompanied by a lawyer for the government. c. Emergencies.
In an emergency situation, a magistrate judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a search warrant application. If no magistrate judge is available, a district court judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a search warrant application. 86 LCrR 47 RESISTANCES TO MOTIONS Local Rule 7 governs motion procedure in criminal cases, except a resistance to a motion in a criminal case must be filed within 7 days after the motion is served. In any event, a resistance to a motion in a criminal case must be filed at least 4 days before the court proceeding at which the motion will be heard.
87 LCrR 55 CRIMINAL CASE FILES AND DOCKETING The Clerk of Court will retain the original paper version of all indictments and informations for the length of time required by the Judicial Conference of the United States Courts. The United States Attorney’s office must retain the original paper version of all criminal complaints for 5 years after the electronic filing of the complaint. 88 LCrR 57 RELEASE OF INFORMATION BY LAWYERS IN CRIMINAL CASES a. Impending Criminal Litigation. No lawyer or law office participating in or associated with the prosecution or defense of an impending criminal prosecution may release or authorize the release of information concerning the matter or give an opinion about the matter, unless there is no reasonable likelihood the information either will be disseminated by any means of public communication or will interfere with a fair trial or otherwise prejudice the due administration of justice. b. Pending Investigations.
No lawyer for the government participating in or associated with a grand jury or other pending investigation of a criminal matter may make or authorize the release of any extrajudicial statement beyond what is included in the public record that a reasonable person would expect to be disseminated by any means of public communication. This section does not prohibit statements necessary for the following: 1. To inform the public that an investigation is underway; 2. To describe the general scope of an investigation; 3.
To obtain assistance in the apprehension of a suspect; 4. To warn the public of any dangers; or 5. To aid otherwise in an investigation. c. From Arrest Until Trial. 1.
Information Not to Be Released. No lawyer or law office associated with the prosecution or defense of a pending or imminent criminal prosecution may release or authorize the release of any extrajudicial statement beyond what is included in the public record that a reasonable person would expect to be disseminated by any means of public communication concerning the following: A. Personal information concerning the accused, including the accused’s character, reputation, or prior criminal record, including arrests, indictments, or other criminal charges, except this subsection does not prohibit a factual statement of the accused’s name, age, residence, occupation, and family status, and if the accused has not been apprehended, information necessary to aid in the accused’s apprehension or to warn the public of any dangers the accused may present; B. The existence or contents of any confession, admission, or statement given by the accused, or the refusal of the accused to make a statement; C. The performance of or results from any examination or test, or the accused’s refusal or failure to submit to any examination or test; D. The identity, testimony, or credibility of prospective witnesses, except for the identity of the victim if the release of this information is not otherwise prohibited by law; The 89 possibility of a plea of guilty to the offense charged or to a lesser offense; and E. Any opinion as to the accused’s guilt or innocence, the merits of the case, or the evidence in the case. 2. Information That May Be Released.
This section does not preclude a lawyer or law office associated with the prosecution or defense of a criminal prosecution, in the proper discharge of an official or professional obligation, from doing the following: A. Announcing the fact and the circumstances of an arrest, including the time and place of arrest and any resistance, pursuit, or use of weapons; B. Announcing the identity of any investigating or arresting officers or agencies; C. Announcing the duration of the investigation; D. Announcing that the accused denies the charges, without further comment; E. Announcing the scheduling of any court proceeding; F. Announcing the results of any stage of the judicial process; G. Giving, at the time of seizure of any physical evidence, a description of the evidence seized; H. Quoting from or referring to the public records of the court without further comment; and I. Requesting assistance in obtaining evidence. d. During Trial. During a jury trial of any criminal matter, including jury selection, no lawyer or law office associated with the prosecution or defense of the matter may give or authorize the release of any extrajudicial statement or give an interview relating to the trial, the parties, or the issues in the trial that a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood such dissemination would interfere with a fair trial, except the lawyer or the law office may, without further comment, quote from or refer to public records of the court. This section does not preclude the following: 1. The imposition of more restrictive rules relating to the release of information about juveniles or in other particular cases; 2.
The holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies; or 3. A reply by a lawyer to charges of misconduct made publicly against the lawyer. 90 LCrR 57A RELEASE OF INFORMATION BY COURTHOUSE PERSONNEL IN CRIMINAL CASES All courthouse personnel, including marshals, deputy marshals, court clerks, court security officers, interpreters, and court reporters, are prohibited from disclosing to any person, without authorization by the court, information relating to a pending criminal case that is not part of the public records of the court. Specifically forbidden is the divulgence of information concerning arguments and hearings held in chambers or otherwise outside the presence of the public.
91 LCrR 57B EXHIBITS a. Marking of Exhibits. Exhibits in criminal trials and hearings must be marked in accordance with Local Rule 83E(a). b. Custody with Clerk of Court. All exhibits offered or received into evidence at a trial or hearing must be electronically filed via ECF by the party offering the exhibit. If an exhibit cannot be electronically filed (such as physical evidence) it must be left in the custody of the Clerk of Court, except as provided in sections (c) and (e) of this rule.
Until judgment in a case becomes final, exhibits may not be taken from the custody of the Clerk of Court, except upon order of the court and the execution of a receipt. c. Custody with Offering Party. Except as provided in section (d) of this rule, any exhibit not suitable for filing or transmission to the appellate court as part of the appellate record must be retained in the custody of the party offering the exhibit. Such exhibits include, but are not limited to, the following: 1. “Unsafe, dangerous or otherwise prohibited exhibits” as defined in section (f) of this rule; 2.
Jewelry, liquor, money, articles of high monetary value, and counterfeit money; and 3. Documents or physical exhibits of unusual sensitivity, bulk, or weight. Except when such an exhibit is being used in court during a trial or hearing or is in the custody of a jury or the court during deliberations, the offering party must retain custody of the exhibit. The offering party must preserve the exhibit in an unaltered condition until 30 days after the resolution of both any appeal and any application for relief under 28 U.S.C. § 2255, or if no application for relief under 28 U.S.C. § 2255 is filed, until 2 years after the date on which the judgment of conviction becomes final after any appeal.
The exhibit then may be destroyed or otherwise disposed of by the party having custody of the exhibit, but only after the party gives 30 days’ written notice to the attorneys of record and to any parties who appeared pro se. The party retaining custody of such an exhibit must make the exhibit available to the court and to opposing counsel for use in preparing an appeal or in connection with any postconviction proceedings, and must transmit the exhibit safely to the appellate court, if required. Such party also must document the chain of custody of the exhibit. d. Biological Evidence. Biological evidence (for example, blood, saliva, tissue, and items containing bodily fluids upon which DNA or other forensic test could be performed) must be retained by the Clerk of Court until disposed of pursuant to section (f) of this rule. e. Substitution of Photographs for Exhibits.
If a party has offered into evidence at a trial or hearing an exhibit that is not suitable for filing or transmission to the appellate court as part of the appellate record, the offering party must provide a photograph of the exhibit to the court to be substituted for the exhibit and must retain custody of the exhibit as provided in section (c) of this rule. f. Unsafe, Dangerous, or Otherwise Prohibited Exhibits. As used in this rule, the phrase “unsafe, dangerous, or otherwise prohibited exhibit” includes contraband (including child 92 pornography, etc.), controlled substances, firearms, ammunition, explosives, knives, syringes, any object capable of use as a weapon, poisons, dangerous chemicals, hazardous substances, and any other item or matter that may present a substantial risk of physical injury or property damage if not properly handled, stored, or protected. No one is permitted to bring an unsafe, dangerous, or otherwise prohibited exhibit into a courtroom for any purpose, including as evidence at a trial or hearing, without first notifying the federal judge handling the trial or hearing and the United States Marshal’s office. Before any such exhibit is brought into a courtroom, the lawyer or pro se party responsible for the exhibit must make certain all reasonable measures have been taken to render the exhibit as safe as possible.
Such measures include, but are not limited to, the securing in sealed containers of all controlled substances, poisons, dangerous chemicals, and hazardous substances, and the disabling of all weapons. g. Demonstrative Aids. Local Rule 83E(h), relating to demonstrative aids used during jury trials, applies in criminal cases. 93 LCrR 58 SCHEDULE OF FINES Pursuant to Federal Rule of Criminal Procedure 58(d)(1), the court may, by standing order, fix sums which may be accepted in lieu of appearances in cases of petty offenses, as defined in 18 U.S.C. § 19. All schedules presently in effect are adopted.
94 LCrR 59 APPEALS FROM RULINGS OF UNITED STATES MAGISTRATE JUDGES IN CRIMINAL CASES A party in a criminal case who objects to or seeks review or reconsideration of either a magistrate judge’s order on a pretrial matter or a magistrate judge’s report and recommendation must file specific, written objections to the order or report and recommendation within 14 days after service of the order or report and recommendation. (See also LCrR 5, relating to motions for revocation, amendment, or reconsideration of release orders and detention orders). Any response to the objections must be filed within 7 days after service of the objections. A party asserting such objections must arrange promptly for the transcription of all portions of the record the district court judge will need to rule on the objections.
In any event, objections to a magistrate judge’s order or report and recommendation must be filed at least 14 days before trial, and any response to the objections must be filed at least 7 days before trial. 95