NEWS FROM U.S. DISTRICT COURT

December 9, 2022

Proposed Rule Changes. As you may recall, the Court updated its civil and criminal local rules last spring. Going forward, the Court intends to review the local rules annually.

When the judges met in September, they approved a number of proposed changes. These changes were forwarded to the Federal Practice Committee, which reviewed them and made recommendations. The judges incorporated several of the committee’s suggested changes.

The proposed new rules are posted on the Court’s website. If you have any comments or suggestions, please email them to matt_thelen@sdd.uscourts.gov.

Expert Witness Disclosure Deadlines in Criminal Cases. Chief Judge Roberto Lange has entered a new standing order that requires parties in a criminal case to disclose expert witnesses no later than twenty-one (21) calendar days before trial. Standing Order 22-06 was prompted by a change to Rule 16 of the Federal Rules of Criminal Procedure. It also requires parties to disclose rebuttal experts no later than seven (7) calendar days before trial.

Defendant’s Trial Appearance. Every defendant in a criminal case may wear civilian clothing during trial absent extraordinary circumstances. Crim. LR 57.7. Although it is defense counsel’s responsibility to make sure that a client has appropriate clothing for trial, any expense incurred in obtaining clothing for a defendant is not a reimbursable expense if you are appointed counsel under the Criminal Justice Act. The defendant’s family may be able to provide clothing or counsel can check local thrift stores for inexpensive clothing for clients.

Reminder. The Court will be closed the day after Christmas on Monday, December 26 and the day after New Years on Monday, January 2.