DEATH PENALTY CASES

(a) Notice to the Clerk. The state attorney general or United States attorney must notify the clerk of the court promptly by telephone, fax or electronic filing when a warrant for execution is issued. The notice should provide the name of the prisoner and the time and date of the scheduled execution. Upon receipt of the notice, the clerk will contact the prisoner’s counsel to determine the prisoner’s plan for litigation. -2- (b) Emergency Nature of the Proceedings.

The clerk will treat all pleadings filed after the issuance of a warrant for execution as emergency matters. Where the length or nature of the documents makes electronic filing through CM/ECF impractical, the documents must be filed with the clerk and served on opposing counsel by overnight delivery service or hand-delivery. All counsel must provide the clerk with home and other telephone numbers where they may be reached after regular business hours. The clerk will maintain business hours as may be required to facilitate the court’s consideration of the proceedings.

(c) Required Information. In an application for second or successive habeas relief, the prisoner must provide the following information: (1) the grounds for relief; (2) a list of all pending litigation in federal or state court; (3) the captions and case numbers of all previous habeas proceedings, including appeals to this court and certiorari petitions to the United States Supreme Court, and citations to any published state or federal court opinions; (4) the outcome of all previous habeas petitions, including whether any prior petition was dismissed without prejudice or for failure to exhaust state remedies; and (5) copies of all state or federal court opinions or judgments relating to the conviction and sentence if the opinions or judgments are not available electronically through PACER or Westlaw. (d) Motions for Stay. A motion for a stay of execution should be prepared as a separate document and should be filed simultaneously with the application for second or successive habeas relief.

(e) Responses and Replies. Upon receipt of an application for a second or successive habeas or a motion for stay of execution, the clerk will contact the state attorney general or the United States attorney and set a deadline for a response to the application or motion. If counsel for the petitioner wishes to file a reply, counsel should contact the clerk and obtain a filing deadline. (f) Other Challenges to an Execution.

Within 24 hours of its filing -3- in United States district court, the petitioner must provide the clerk with a copy of any complaint in any civil action which challenges or seeks to stay the execution. Respondent and petitioner must promptly furnish the clerk with all subsequent pleadings in the matter, and petitioner must promptly notify the clerk of any opinion or dispositive order in the matter. Cross-Reference: FRAP 22.