Local Rules of Criminal Procedure

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).

Crim. LR 11-1 Stipulations (See Fed. R. Crim. P. 11(c))

As a part of the plea agreement, the parties may wish to stipulate to certain factors that affect the sentencing guidelines computation. Any such stipulations shall be set forth in a manner prescribed by the Sentencing Commission Policy Statement contained in Section 6B1.4 of the Guidelines Manual.

Crim. LR 17-1 Subpoena – Issuance Under Federal Rule of Criminal Procedure 17(b)

(a) Witnesses Within the District and Adjacent Washington Counties

1. Notwithstanding Fed. R. Crim. P. 17(b), defense counsel representing a defendant who is unable to pay process costs or witness fees may file an ex parte request for the issuance of blank subpoenas for unnamed witnesses who may be found within this District or directly adjacent counties to this District in Washington state.  
2. If the Court orders the blank subpoenas to be issued, any process costs or witness fees will be paid in accordance with Fed. R. Crim. P. 17(b).  No subpoena so issued may be served outside of this District and the directly adjacent counties to this District in Washington state.
3. By completing a blank subpoena, defense counsel represents that counsel believes the defendant is unable to pay the witness fees and that the presence of the witness is necessary to an adequate defense.

(b) Witnesses Outside the District and Adjacent Washington Counties

When a witness is outside this District or the directly adjacent counties to this District in Washington state, defense counsel representing a defendant who is unable to pay process costs or witness fees must apply for issuance of a subpoena as prescribed in Fed. R. Crim. P. 17(b).

(c) Self-Represented Defendants

A defendant who is self-represented and who is unable to pay process costs or witness fees must apply for the issuance of subpoenas as set forth by Fed. R. Crim. P. 17(b).

Crim. LR 17-2 Subpoena – Nondisclosure of Witnesses

Except as authorized by the Court, appointed attorney, or defendant, the United States Marshal must not disclose the name and address of persons served pursuant to this rule; and returns of service on such witnesses are to be filed and maintained under seal until the witnesses have testified.

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

Crim. LR 32-1 Sentencing and Judgment

1. Time of Sentencing
   1. In General. The Court must impose sentence without unnecessary delay. However, sufficient time between adjudication and sentencing is required to enable the parties to review the completed presentence report, offer any objections, and allow the probation officer to revise the report where appropriate and attempt to resolve disputed facts. Therefore, the sentencing date shall be set at or after eighty-four (84) calendar days following entry of a guilty plea or verdict.
   2. Changing Time Limits; Waiver of Disclosure and Objection Time Requirements.
      1. With the approval of the Court, the parties may, for good cause, waive the minimum disclosure periods required by Fed. R. Crim. P. 32 and Local Rules.  In such cases, the parties shall confer with the probation office and the Court, and the Court will approve the timeline for disclosure of the presentence report and sentencing.
      2. With the approval of the Court, the parties may, for good cause, waive the fourteen (14)-day period, set forth under Fed. R. Crim. P. 32(f)(1), to review and file objections to the presentence report. In such cases, the parties shall submit any objections to the presentence report directly to the Court with their sentencing materials; unless directed by the Court, the probation officer will not be required to respond to any objections or otherwise prepare an addendum to the report.
2. Disclosing the Report and Recommendation
   1. Pre-Plea Presentence Reports. For good cause, and with the approval or order of the Court, the probation office may prepare and disclose a presentence report to the parties and the Court prior to a guilty plea, provided that:
      1. defense counsel provides the probation office with advance consent on the defendant’s behalf for the preparation and disclosure of the pre-plea report; and
      2. the government indicates it has no objection.

      If a sentencing date has not been set at the time of the commencement of the pre-plea presentence investigation, the probation office shall confer with the parties and the Court to propose an appropriate disclosure timeline based upon an anticipated sentencing date. The pre-plea presentence report shall otherwise be prepared and disclosed according to the requirements set forth in Fed. R. Crim. P. 32 and Local Rules.

   2. Minimum Required Notice. Consistent with Fed. R. Crim. P. 32(e)(2), at least thirty-five (35) calendar days prior to the sentencing date, the probation officer shall provide a copy of the presentence report to the attorney for the government and to defense counsel. Defense counsel shall be responsible for disclosing the report to the defendant.
3. Submitting the Report.  No later than ten (10) days prior to the sentencing date, the presentence report, including the addendum and any attachments, shall be filed with the Court and disclosed to the parties.
4. Sentencing
   1. Objections that are not submitted to the probation officer within the 14-day timeline set forth in detail in Fed. R. Crim. P. 32(f) or provided to the Court prior to sentencing may be raised at the sentencing hearing only for good cause shown.
   2. The Court’s findings on disputed facts or controverted matters contained in the presentence report will be documented in the Statement of Reasons.

Crim. LR 32-2 Confidentiality of the Presentence Report

1. 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 self-represented 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.
   4. If a defendant is engaged in pre- or post-sentencing litigation related to a criminal charge filed in this district, and the defendant has a prior federal conviction in this district for which a presentence report was prepared, the probation office shall, upon request, disclose the final presentence report for the prior conviction to the attorneys for the government and the defendant unless otherwise directed by the Court. Any presentence report for a prior conviction that is disclosed to the government or the defense is subject to the same redisclosure limitations set forth above.
2. 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."

Crim. LR 43-1 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.

Crim. OR 43-2 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 Crim. LR 43-2may be waived to accommodate exigent matters.

Crim. LR 43-3 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.

Crim. LR 49-1 CM/ECF - Case Management and Electronic Case File System

The District of Oregon uses the federal judiciary's electronic case management and electronic files system (CM/ECF) 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.

Crim. LR 49-2 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 CM/ECF.  All pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files, unless otherwise directed by the Court.

Crim. LR 49-3 CM/ECF User Manual

Registered Users must follow the electronic filing requirements as described in detail in the CM/ECF User Manual on the Court's website at ord.uscourts.gov. This manual may be updated periodically to conform to new releases or features of CM/ECF.  Notice of any updates will be posted on the Court's website.

Crim. LR 49-4 CM/ECF Users (See also LR 5)

(a) Registered Users

Attorneys admitted to the bar of this Court pursuant to LR 83-1, LR 83-3, and LR 83-4 must register and maintain active accounts with PACER (pacer.uscourts.gov), and register to e-file in CM/ECF.  Upon registration, attorneys are deemed to be Registered Users for purposes of these Local Rules.

(b) Self-Represented Party Litigants

A self-represented party who is not incarcerated may apply to the assigned judge for permission to become a Registered User in his or her specific case. Upon application, a self-represented party consents to electronic service via CM/ECF.  If approved as a Registered User, that individual will become a Registered User in the specific case only, subject to all of the requirements of Crim. LR 49 49 and any other applicable rules.

Crim. LR 49-5 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. Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case.
3. 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 CM/ECF 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.

Crim. LR 49-6 Clerk's Conversion of a Paper Filing into an Electronic Replacement

The clerk will scan and convert a paper filing in its entirety to an electronic replacement for docketing in CM/ECF. Subsequently, the paper filing will be disposed of in accordance with guidance from the Administrative Office of the U.S. Courts.

Crim. LR 49-7 Judge's Paper Copy Requirements (See LR 5-8 and LR 10-1 and Practice Tips)

Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(f), 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 accompanied by 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.

Crim. LR 49-8 Service (See also Crim. LR 49-1 and 49-2)

(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.

Crim. LR 49-9 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.

Crim. LR 49-10 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.

Crim. LR 49-11 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.

Crim. LR 49-12 Personal Privacy Issues

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

(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.

(See Fed. R. Crim. P. 58)

Crim. LR 58-1 Waiver of Appearance and Forfeiture of Collateral

1. Persons charged by citation with misdemeanor violations of Titles 36, 38, 39, 41, 43, 46, and 50 of the Code of Federal Regulations, Titles 16, 18, 21, and 43 of the United States Code, or the Oregon Revised Statutes by virtue of the Assimilative Crimes Act (Title 18, United States Code, Section 13) may waive an appearance before a United States Magistrate Judge and dispose of the matter by forfeiting the pre-set collateral, or a lesser amount as agreed to by the parties, for misdemeanors and petty offenses as set forth in the collateral forfeiture schedule approved by the Court.
2. When such collateral is forfeited, it will terminate the proceedings and shall not constitute a criminal conviction or an admission of guilt.
3. A party may proceed by forfeiture of collateral after the initial appearance for individuals with citations requiring a mandatory appearance and for individuals who make a voluntary initial appearance, with the same result as for those who waive appearance, by agreement of the parties or if allowed by the court.
4. Payment of the collateral forfeited shall be to the Central Violations Bureau.
5. This rule applies retroactively to all individuals who have forfeited collateral or pleaded no contest to a Central Violations Bureau violation in the District of Oregon.  All such cases are deemed terminated by payment of the collateral and do not constitute a criminal conviction.