Local Rules of Criminal Procedure, effective March 1, 2016

LR 3000 - Video Teleconference (VTC) Proceedings in Criminal Cases

LR 3000.1 Authorized Proceedings

With the consent of the defendant, and subject to the commentary which follows this local rule, video teleconference (VTC) proceedings are authorized in the following criminal proceedings:

  1. Initial Appearances pursuant to Fed. R. Crim. P. 5
  2. Arraignment pursuant to Fed. R. Crim. P. 10
  3. Other Preliminary Pretrial Proceedings
  4. Initial Appearances in Petty Offense Cases.

LR 3000.2 Notice Requirements

(a) Defendant Requested VTC

A defendant wishing to appear by video conference shall notify the Clerk's Office and the United States Marshal, through counsel, at least ten (10) days prior to the date of the hearing.

(b) Other Requests for VTC

Any other party seeking to have the defendant appear by teleconference shall notify defense counsel to request consent at least fourteen (14) days prior to the hearing.

(c) Waiver of Notice Period

Time periods set forth in LR 3000.2(a) and (b) may be waived to accommodate exigent matters.

LR 3000.3 Judicial Requirements

(a)Acknowledgment of Consent to VTC

At the commencement of any VTC proceeding, the Court will confirm defendant's consent on the record.

Amendment History to LR 3000
September 22, 2003
LR 3000

This new rule is intended to provide guidance to litigants and court agencies about video teleconference (VTC) proceedings in criminal cases.

This rule provides a limited exception to the general preference of the Court for the personal appearance of a defendant (unless that appearance has been waived). See Fed. R. Crim. P. 43 (defendant's presence required for specified proceedings).

In establishing this rule, the Court recognizes that in some instances, the personal appearance of a defendant may be outweighed by such factors as transportation burdens for the U.S. Marshal or the defendant, the defendant's age or medical status, U.S. Marshal's security concerns, etc.

In opposition to these concerns, factors weighing against VTC proceedings include:

(1) Shifting travel costs from one party to another by requiring attorneys and interpreters to travel to the defendant's location instead of bringing the defendant to court;

(2) Potential degradation of the attorney-client relationship, and the need for defendants to consult privately with their attorneys before and during the course of proceedings;

(3) Pretrial Services' need to interview defendants and facilitate the expeditious release of eligible defendants;

(4) The U.S. Marshal's need to have the defendant physically present for booking and processing;

(5) Defense counsel's need to review and explain documents to the defendant; and

(6) Potential VTC technology problems between sites.

LR 3000.1

Consent Requirements: Appearance by a defendant at a VTC proceeding requires consent of the defendant. "Consent," as used in this rule, is understood to mean "after advice of counsel". Consent should not be obtained by means of pre-printed forms or Miranda-type waivers. A defendant who is represented by counsel may consent or object to a VTC proceeding through counsel. Absence of consent shall in no manner be used against the defendant.

Consultation with Counsel: In all cases in which the right to counsel applies, a defendant must be afforded the opportunity to consult privately with counsel before giving consent to a VTC proceeding. Opportunity to confer privately with counsel must also be available during the appearance itself. In general, this means that counsel must have the opportunity to be physically present with the defendant.

Interpreters: A defendant whose primary language is not English must be afforded an interpreter for proceedings which are on the record as well as for private communication with counsel. In many such instances, VTC proceedings are impractical unless arrangements can be made to place the defendant, defense counsel, and the interpreter in the same physical location.

LR 3000.2

Notice Requirements: The 10-day notice requirement provides time for the U.S. Marshal's Service to confirm the defendant's location; confirm whether VTC capabilities exist at the facility where a defendant is incarcerated; and ultimately to determine whether to transport the defendant to court in lieu of the VTC proceeding. A list of VTC sites will be maintained by the Clerk's Office. The 14-day notice to the Court Clerk facilitates scheduling courtroom VTC equipment.

Both notice requirements provide defense counsel sufficient time to review the application and confer with his client; and when appropriate, either object to the VTC proceeding, or make necessary travel or other logistical arrangements.

Section (c) permits accommodation for exigent circumstances, i.e. emergency matters, expedited first appearances or unavailability of a judicial officer.

Last Updated: Wednesday, February 24, 2016

LR 3001 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

LR 3001-1 CM/ECF - Case Management and Electronic Case File System

The District of Oregon uses the federal judiciary's CM/ECF system to support electronic filing and service in criminal cases and to provide electronic access to Court records. To the extent that they are not inconsistent with the Federal Rules of Criminal Procedure, Local Rules of Civil Procedure referred to in this rule provide guidance for filing practices in criminal cases.

LR 3001-2 Mandatory Electronic Filing; Format of Filing

Unless otherwise limited by these rules, Registered Users must file all pleadings, documents (including attachments and exhibits), and other papers electronically through the CM/ECF system.  All pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files, unless otherwise directed by the Court.

Practice Tips
1. Word processing systems (like WordPerfect or MS Word) can generate a searchable PDF version of every document created by the system.
2. Attachments, or other documents not generated by the filing party's word processing system that are scanned and then converted into a PDF file in preparation for electronic filing should be run through an application (like an optical character recognition (OCR) program) to convert the contents into a text-searchable PDF file. 
3. The CM/ECF User Manual has additional information about creating text-searchable PDF files. The filer should also consult his or her word processing manuals.

LR 3001-3 CM/ECF User Manual

Registered Users are to follow the electronic filing requirements as described in detail in the CM/ECF User Manual on the Court's website at ord.uscourts.gov, on the For Attorneys page under the E-Filing tab.  This manual may be updated periodically to conform to new releases or features of the CM/ECF system.  Notice of any updates will be posted on the Court's website.

Practice Tips
Documentation and Training Documentation and training materials, including the Court's CM/ECF User Manual are available on the Court's website at ord.uscourts.gov.
General Questions General questions regarding the CM/ECF system may be sent via e-mail message to .
Clerk's Office Assistance For specific filing questions, users should contact the Case Administrator associated with the assigned judge in their case during normal business hours. Contact information is available on the Notice of Case Assignment or by calling the Divisional Office Intake Counter.
Public Access to Court Electronic Records (PACER) A PACER User Account is required to retrieve public information from the docket sheet, or to download public documents for a fee.

Visit the PACER Service Center website at www.pacer.gov for instructions to establish a PACER User Account.

LR 3001-4 CM/ECF Users (See also LR 83)

(a) Registered Attorneys

Lawyers admitted to the bar of this Court pursuant to LR 83-1, LR 83-3, and LR 83-4 must register with the Clerk's Office to establish a User Account in the CM/ECF system. Upon registration, lawyers are deemed to be Registered Users for purposes of these Local Rules. Unless a Registered User has notified the Court that they wish to opt out of electronic service, the Registered User has consented to receive service electronically and waived the right to receive such service by first class mail or personal service pursuant to Fed. R. Crim. P. 49(b). Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment.

(b) Non-Registered Attorneys

For good cause shown in a specific case, attorneys without access to automation and the Internet may apply to the assigned judge for an exemption from the CM/ECF electronic filing requirements (See LR 83-1(e)).

(c) Pro Se Party Litigants

On a case-by-case basis, a pro se party may apply to the assigned judge for permission to become either: (1) a Registered User; or (2) a recipient of electronic filing notices by e-mail without becoming a Registered User. If approved as a Registered User, the Clerk will assign the pro se party a CM/ECF login and password. That individual will become a Registered User in the specific case subject to all of the requirements of LR 3001, and the receipt by the pro se party of the Court's e-mail notices of electronic filing will constitute service upon the pro se party. If the pro se party is approved to receive electronic filing notices without becoming a Registered User, then the pro se party will not have access to the CM/ECF system for the purpose of filing documents and there is no consent to electronic service by the pro se party. Accordingly, opposing parties are still required to serve paper copies of any documents on a pro se party who is approved to receive electronic filing noticed by e-mail but is not approved to become a Registered User.

LR 3001-5 Official Case Record

(a) Documents That Must be Filed in Paper

The following documents cannot be filed electronically and must instead be filed in paper:

  1. Case Initiating Documents.
  2. Sealed and In Camera Documents.
  3. Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case.
  4. Individually identifiable health information protected under HIPAA. (See also 45 C.F.R. § 160.103.)

(b) Demonstrative or Oversized Exhibits

Demonstrative or oversized exhibits need not be filed electronically.

(c) Trial Exhibits

Electronic trial exhibits are to be submitted to the Clerk's Office per the requirements and procedures as described in "Submission Requirements for Electronic Trial Exhibits" found on the Court's website. Physical exhibits are to be handled in accordance with the trial judge's instructions.

(d) Documents Filed Electronically

In accordance with Fed. R. Crim. P. 49(e), the electronic filing of a document (together with the CM/ECF system's transmission of the Notice of Electronic Filing) constitutes filing of that document, the official record for all purposes of the Federal Rules of Criminal Procedure and the Local Rules of this Court, and entry of the document on the docket kept by the clerk.

LR 3001-6 Clerk's Conversion of a Paper Filing into an Electronic Replacement

The clerk may scan and convert a paper filing in its entirety to an electronic replacement for posting to the CM/ECF system. If the clerk does so, the paper filing may be returned to the filing party or disposed of in accordance with guidance from the Administrative Office of the U.S. Courts.

LR 3001-7 Judge's Paper Copy Requirements (See LR 5-9 and LR 10-1(e), (g) and Practice Tips)

Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(e), of motions in limine, motions to dismiss, suppression motions, motions for injunctive relief (including all related documents), and any documents in excess of ten pages, and the Notice of Electronic Filing, must be marked as a "JUDGE'S COPY" and delivered to the Clerk's Office within three business days after the electronic filing.

LR 3001-8 Service (See also LR 3001-1 and 3001-2)

(a) CM/ECF Electronic Service

  1. Completion of Service: Electronic service is complete upon transmission of the Notice of Electronic Filing, but is not effective if the serving party learns that it did not reach the person to be served.
  2. Notice of Electronic Service: The Notice of Electronic Filing will be transmitted to all Registered Users who have appeared in the case, and confirmation of receipt of the Notice of Electronic Filing fulfills the notice requirements of Fed. R. Crim. P. 49.

(b) Paper Service

The filing party is responsible for perfecting paper service in any manner permitted by the Federal Rules of Criminal Procedure (and for filing a Certificate of Service with the Clerk's Office) for every:

  1. Document permitted by these rules to be filed in paper instead of electronically; and
  2. Electronic filing that could not be electronically served upon a party or Registered User who appeared in the action.

LR 3001-9 Hyperlinks

(a) Authorization

Electronically filed documents may contain hyperlinks to other portions of the same document and/or hyperlinks to a location on the Internet that contains a source document for a citation.

(b) Citation Format

Hyperlinks to cited authority do not replace standard citation format. Complete citations must be included within the text of the document. Neither a hyperlink, nor any site to which it refers, is considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in an electronically filed document.

(c) Disclaimer

The Court neither endorses nor accepts responsibility for any product, organization, or content at any hyperlinked site, or at any site to which that site may be linked.

LR 3001-10 Court Orders and Judgments

Every order or other Court-issued document filed electronically without the original signature of a judge or clerk has the same force and effect as if the judge or clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. Orders may also be issued as "text only" entries on the docket, without an attached document.

Practice Tip
In accordance with Fed. R. Crim. P 49(e), the Clerk's Office does not mail a paper copy of electronically filed judgments to Registered Users who have been electronically served.

LR 3001-11 Retention Requirements (See LR 10-3)

(a) Documents Containing Original Signatures of Non-Registered Users

Electronically filed documents such as affidavits or declarations under penalty of perjury that contain original signatures of persons who are not Registered Users must be maintained in their original paper form by the Registered User until the later of:

  1. The final disposition of the case, including appeal or expiration of the time for appeal; or
  2. The expiration of any relevant statute of limitations.

(b) Production of Original

On request of the Court or a party, the Registered User must provide the document for review.

LR 3001-12 Personal Privacy Issues (See also LR 3-7)

Information posted on the CM/ECF system may not be downloaded for uses inconsistent with the privacy concerns of any person.

Amendment History to LR 3001
March 1, 2014
LR 3001-1 Former rule title ("Application (See LR 100)") stricken.   Former rule text that, "Unless otherwise directed by the Court, the provisions of LR 100 apply to all criminal cases pending within the District of Oregon, or after March 1, 2004" stricken.
LR 3001-1 New rule titled "CM/ECF – Case Management and Electronic Case File System" based on former civil LR 100-1.
LR 3001-2 New rule titled "Mandatory Electronic Filing; Format of Filing" and Practice Tips based on former civil LR 100-2.
LR 3001-3 New rule titled "CM/ECF User Manual" and Practice Tips based on former civil LR 100-3.
LR 3001-4 New rule titled "CM/ECF Users (See also LR 83)" based on former civil LR 100-4.
LR 3001-5 New rule titled "Official Case Record" based on former civil LR 100-5.
LR 3001-6 New rule titled "Clerk's Conversion of a Paper Filing into an Electronic Replacement" based on former civil LR 100-6.
LR 3001-7 New rule titled "Judge's Paper Copy Requirements (See LR 5-9 and LR 10-1(e), (g) and Practice Tips)" based on former civil LR 100-7.
LR 3001-8 New rule titled "Service (See also LR 2001-1 and 3001-2)" based on former civil LR 100-8.
LR 3001-9 New rule titled "Hyperlinks" based on former civil LR 100-9.
LR 3001-10 New rule titled "Court Orders and Judgments" based on former civil LR 100-10.
LR 3001-11 New rule titled "Retention Requirements (See LR 100-3)" based on former civil LR 100-11.
LR 3001-12 New rule titled "Personal Privacy Issues (See also LR 3-7)" based on former civil LR 100-12.
Last Updated: Friday, December 9, 2016

LR 3002 – Redaction of Filings

(See Fed. R. Crim. P. 49.1)

The responsibility to redact filings pursuant to Fed. R. Crim. P. 49.1 rests with counsel and the party or non-party making the filing.  The Clerk’s Office is not required to review documents filed with the court for compliance with Fed. R. Crim. P. 49.1.

Amendment History to LR 3002
March 1, 2012
LR 3002 New Rule, based on Advisory Committee Notes for the 2007 adoption for Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1
Last Updated: Wednesday, February 24, 2016

LR 3003 - Confidentiality of Presentence Report

(See Fed. R. Crim. P. 32)

Disclosure of the presentence report (whether in draft or final form) is made to the government and to the defense, subject to the following limitations:

  1. The attorney for the government must not provide a copy of the draft or final presentence report in written or electronic form to any person other than the case agents, experts, investigators, or consultants hired by the government and the Financial Litigation Unit of the United States Attorney's Office when a fine or any other financial obligation is imposed.
  2. The attorney for the defendant must not provide a copy of the draft or final presentence report in written or electronic form to any person other than the defendant, any attorney, experts, investigators, or consultants hired by or assisting the defense. The defendant must not provide a copy of the draft or final presentence report in written or electronic form to any person other than his or her attorney, spouse, registered domestic partner, or parent(s).  A defendant who appears pro se is considered an "attorney for the defendant" for purposes of this Rule.
  3. The defendant, the attorney for the defendant, and the government may retain their copies of the presentence report, subject to the limitations on disclosure set forth in this Rule.  This Rule does not limit use of copies of the presentence report necessary for litigation or appeal of the case.  Any copy of the presentence report used for this purpose must be filed under seal.

The presentence report must remain a confidential court document, disclosure of which is controlled by the Court. Any copies must be marked "Not For Further Disclosure Without Prior Authorization From the Court." A knowing violation of any of the above provisions may be treated as a contempt of Court.

Amendment History to LR 3003
November 18, 2013
LR 3003 New rule adopted by Standing Order 2013-5 on November 18, 2013.
April 14, 2014
LR 3003 Amended rule adopted by Standing Order 2014-2 on April 14, 2014.
Last Updated: Wednesday, February 24, 2016

LR 3004 – Copy of the Sealed Complaint, Indictment, or Information

In a case where the complaint, indictment, or information has been filed under seal, and notwithstanding Fed. R. Crim. P. 6(e)(4), the attorney for the government may provide a copy of the sealed complaint, indictment, or information to the defendant’s attorney prior to the initial appearance under Fed. R. Crim. P. 5, without the Court’s unsealing of the complaint, indictment, or information.

Unless and until the Court unseals the complaint, indictment, or information, the defendant’s attorney must not disclose the contents of the sealed complaint, indictment, or information to any person other than the defendant and attorneys, experts, investigators, or consultants hired by or assisting the defense. The defendant must not disclose the contents of the complaint, indictment, or information to any person other than his or her attorney, spouse, registered domestic partner, or parent(s).

Amendment History to LR 3004
March 1, 2016
LR 3004 New Rule.
Last Updated: Wednesday, February 24, 2016