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Attorney Newsletter May 2019

May 10, 2019

Discovery in Criminal Cases: If you practice in multiple divisions, you are probably aware that the procedure concerning the handling and disposition of discovery materials varies by location. To achieve consistency, the Court has recently adopted a uniform discovery procedure that is outlined in Standing Order 19-03 ( The new procedure takes effect on Monday, May 13, 2019.

1. Standing Order 19-03 requires counsel in criminal cases to execute a standardized stipulation confirming the Court’s standing discovery order should be entered. A new PDF fillable Stipulation for Entry of Standing Discovery Order form to be used by counsel for this purpose has been added to the District Court’s website located at

2. The stipulation must be signed by counsel for both sides. Counsel who sign the stipulation acknowledge their obligations under Amended Standing Order 16-04 ( and consent to the entry of the Court’s standing discovery order.

3. The government is required to file the signed stipulation within 14 days after the defendant has made his or her initial appearance before the Court. The stipulation should be electronically filed in CM/ECF using the Stipulation for Entry of Standing Order event located under Criminal -> Other Filings -> Other Documents.

4. After the signed stipulation is filed in CM/ECF, the Court will enter a standing discovery order in the form of a Text Order Regarding Discovery. The Text Order Regarding Discovery will be entirely contained in the Notice of Electronic Filing (NEF) email received by counsel and will be visible on the public docket sheet. The NEF email will not include a hyperlink to a PDF document.

5. The Court will track non-compliance with Standing Order 19-03.

Naturalization Ceremonies: Did you know more than 5,000 people from over 80 different countries have become United States citizens over the last ten years in the District of South Dakota? Smaller naturalization ceremonies are normally held in courtrooms in Sioux Falls and Rapid City, while larger ceremonies are periodically held at Mt. Rushmore and at the Washington Pavilion in Sioux Falls. In each instance, a federal judge presides over the ceremony. These are happy occasions and cameras are welcome.

The new citizens have come from the following countries: Afghanistan, Argentina, Australia, Bangladesh, Bhutan, Bosnia‐Herzegovina, Brazil, Bulgaria, Burma, Burundi, Cambodia, Canada, Chad, People’s Republic of China, Columbia, Democratic Republic of the Congo, Congo‐Kinshasa, Costa Rica, Cote D’Ivoire, Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Eritrea, Ethiopia, Finland, Gambia, Germany, Ghana, Greece, Guatemala, Honduras, India, Indonesia, Iraq, Japan, Jordan, Kazakhstan, Kenya, Kosovo, Laos, Lebanon, Liberia, Lithuania, Macedonia, Malaysia, Mali, Mexico, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pakistan, Paraguay, Peru, Philippines, Poland, Russia, Rwanda, Senegal, Somalia, South Africa, Spain, Sri Lanka, South Sudan, Sudan, Sweden, Switzerland, Syria, Tanzania, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Vietnam, and Zimbabwe.

Friday, May 10, 2019