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Attorney Newsletter March 2022


March 11, 2022

Criminal Subpoenas and Retained Counsel. The October newsletter described how you should prepare and file ex parte motions for criminal subpoenas if you are appointed under the Criminal Justice Act. If you are retained counsel, section (b) of Rule 17 of the Federal Rules of Criminal Procedure does not apply. Section (a) controls. It directs that the “clerk must issue a blank subpoena—signed and sealed—to the party requesting it, and that party must fill in the blanks before the subpoena is served.” No motion is required, and subpoenas issued under section (a) are not filed in CM/ECF.

New Jury Instructions Builder Available. The Eighth Circuit Pattern Jury Instruction Committee has developed a new tool for preparing Civil and  Criminal  Pattern  Jury Instructions. The Jury Instructions Builder (JIB) allows users to create an entire packet of  pattern jury instructions with just a few computer clicks. The program automatically generates a Table of Contents and allows the user to reorder and paginate instructions as they choose. No log-in is required and users can save or print a Microsoft Word copy of selected instructions with or without Committee Comments and Notes on Use. The JIB also ensures  that  the  most  current approved instructions are being utilized. For additional information on the JIB see the JIB Announcement and JIB_Quick Guide following the newsletter.

To access the JIB directly, go to

Letters of Support Reminder. The November newsletter described a new procedure that relies on the deadlines set by Rule 32 of the Criminal Rules of Civil Procedure for submission of objections to the PSR, filing of motions and filing of support letters regarding criminal sentencings and identifies CM/ECF events that should be used for particular filings related to the established deadlines. Although some judges continue to enter scheduling orders, all letters of support should be filed by counsel using the Sealed Letter(s) of Support event. None should be submitted directly to the Probation Office or the court.

Instructions Builder (JIB) is Live and Ready for Use!

The Jury Instruction Committee for the Eighth Circuit is pleased to announce a new tool with increased functionality for both Civil and Criminal Pattern Jury Instructions.

Trial lawyers and judges will benefit from this new tool that enables users to format an entire packet of jury instructions by clicking a few computer keys!

Use of the JIB will ensure that the most current Committee-approved version of instructions are being used.

Other benefits include:

  • No log-in required.
  • Save or print a Microsoft Word copy of selected instructions with or without Committee Comments and Notes on Use.
  • JIB automatically generates Table of Contents.
  • Reorder and paginate instructions to customize your packet of instructions.
  • Content is maintained and updated by court staff in the Eighth Circuit, ensuring feedback goes directly to the Jury Instruction Reporter.
  • Available to bench and bar at:


Friday, March 11, 2022