Pretrial Motions Unless good cause is shown, all defenses, objections or requests pursuant to Fed. R. Crim. P
U.S. District Court for the Northern District of California
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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 or Magistrate Judge for hearing all pretrial motions. Motions shall be noticed in accordance with Crim. L.R. 47-1. 12.4-1. Disclosure of Nongovernmental Corporate Party (a) Certification.
The disclosure statement required pursuant to Fed. R. Crim. P. 12.4(a)(1) must be entitled “Certification of Nongovernmental Corporate Party.” If a party has no disclosure to make pursuant to this rule, that party must make a certification stating that no such interest is known. (b) Form of Certification. The certification required by subpart (a) of this rule must take the following form, as is appropriate to the proceeding: (1) (2) If there is any interest to be certified: “Pursuant to Fed. R. Crim. P. 12.4(a)(1) and Crim. L.R. 12.4-1(a), the undersigned certifies that the following parent or publicly held corporation owns 10 per cent or more of the stock of (name of party), a non-governmental corporate party to this action: (List name of parent or publicly held corporation). Signature, Attorney of Record.” If there is no interest to be certified: “Pursuant to Fed. R. Crim. P. 12.4(a)(1) and Crim. L.R. 12.4-1(a), the undersigned certifies that as of this date, other than the named parties, there is no parent or publicly held corporation which owns 10 per cent or more of the stock of (name of party), a non-governmental corporate party to this action.
Signature, Attorney of Record.” (3) Certification, pursuant to subpart (a) of this rule, must be filed as a separate and distinct document. (4) Any supplemental filing required pursuant to Fed. R. Crim. P. 12.4(b) must be entitled “Supplemental Certification of Nongovernmental Corporate Party” and must comply with the form requirements of subpart (b)(1) of this rule. (5) When an action is assigned to a district judge pursuant to Crim. L.R. 7-1(a) or is reassigned to another judge pursuant to Crim. L.R. 8-1 or General Order No. 44 - Assignment Plan, each party must lodge with the Clerk a chambers copy for the newly assigned judge of any previously filed certification required by this rule. 12.4-2.
Disclosure of Organizational Victim (a) Certification. The government’s disclosure statement required pursuant to Fed. R. Crim. P. 12.4(a)(2) must be entitled “Certification of Organizational Victim.” (b) Form of Certification. The certification required by subpart (a) of this rule must take the following form: (1) “Pursuant to Fed. R. Crim. P. 12.4(a)(2) and Crim. L.R. 12.4-2(a), the undersigned certifies that the following organization is a victim of the alleged criminal activity charged herein: (name of victim). The parent or publicly held corporation owning 10 per cent or more of the stock of (name of victim) is: (List name of parent or publicly held corporation, if obtainable.
If unobtainable, state “Not obtainable.”). Signature, Attorney of Record.” USDC Criminal Local Rules – Revised August 21, 2024 CRIM-6 (2) Certification, pursuant to subpart (a) of this rule, must be filed as a separate document. (3) Any supplemental filing required pursuant to Fed. R. Crim. P. 12.4(b) must be entitled “Supplemental Certification of Organizational Victim” and must comply with the form requirements of subpart (b)(1) of this rule. (4) When an action is assigned to a district judge pursuant to Crim. L.R. 7-1(a) or is reassigned to another judge pursuant to Crim. L.R. 8-1 or General Order No. 44 - Assignment Plan, each party must lodge with the Clerk a chambers copy for the newly assigned judge of any previously filed certification required by this rule.