JAN j 6 2010 - United States District Court

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not later than forty-eight (48) hours prior to the hearing. Discovery which is to be made in connection with a bail or pre-trial detention hearing shall be made not later than the commencement of the hearing. 2-r(2) Discovery which is to be made in connection with trial shall be made not later than fourteen (14) days after the arraignment, or such other time as ordered by the court. ■3-^(3) Discovery which is to be made in connection with post-trial hearings (including, by way of example only, sentencing hearings) shall be made not later than seven (7) days prior to the hearing. This discovery rule shall not affect the provisions of Local Rule 88.8 regarding pre-sentence investigation reports. It shall be the continuing duty of counsel for both sides to immediately reveal to opposing counsel all newly discovered information or other material within the scope of this Local Rule. Effective Dec. 1, 1994; amended effective April 15, 1996; April 15, 1998; April 15, 2000; April 15, 2003; April 15, 2005; April 15, 2007. Authority (1994) Former Standing Order on Criminal Discovery of the Southern District, as amended after public hearing in 1994. (1996) A.5. revised to include provisions of Federal Rule of Criminal Procedure 16(a)(1)(C). (1998) Section N is revised to conform to amendments to Federal Rules of Criminal Procedure 16 (a) (1) (E) and (b) (1) (C) (ii) . Section Q.2 is amended to effectuate discovery within fourteen days or arraignment, without the entry of a Court order, or within such other time period as the Court may order. Comments (2000) With regard to discovery practices related to search warrants in criminal cases see September 7, 1999, letter from the then United States Attorney for the Southern District of Florida which has been posted at the U.S. Attorney's web site at http://www.usdoj.gov/usao/fls/Discovery_Practices.html. (2003) B.3 amended to conform to 2002 amendment of Federal Rule of Criminal Procedure 12.2. (2005) H amended to conform to 2004 amendment to Standing Discovery Order. See United States v. Carrasco, 381 F.3d 1237, 1240 n. 3 (11th Cir. 2004). (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 88.11 After Hours Criminal Duty Procedures 84
When a defendant is arrested after hours (in the evening, on the weekend, on a holiday, or in the daytime during the business week at a time that does not permit an appearance at the prescribed session of Magistrate Court), the Duty Assistant United States Attorney shall contact the Duty Magistrate Judge for the purpose of having a bond set. Once the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or to the arresting agents who shall transmit the bond information to the booking officials at the receiving institution. A "permanent" bond shall be set for the defendant at the next available prescribed Duty Magistrate Judge Court session when the defendant appears for initial appearance. For arrests that occur during the business week, prior to the end of the business day but subsequent to a time when an initial appearance at the prescribed session of Magistrate Judge Court can be made, the Duty Assistant United States Attorney shall contact the Duty Magistrate Judge in chambers for the purpose of having a temporary bond set. As with after hours arrests, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents. If the Duty Magistrate Judge is on the bench when a Duty Assistant United States Attorney calls for the purpose of having a temporary bond set, the Duty Magistrate Judge will return the Duty Assistant United States Attorneys call as soon as the Duty Magistrate Judge gets off the bench. For after hours arrests, the Duty Assistant United States Attorney shall leave a message on the Duty Magistrate Judge's beeper or cell phone. If by beeper, the call will be returned by the Duty Magistrate Judge. Once the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents for transmittal to the receiving institution. Routine arrests occurring after 10:00 p.m. need not be communicated to the Duty Magistrate Judge that night, but shall be reported by the Duty Assistant United States Attorney to the Duty Magistrate Judge the following morning. In emergency situations, the Duty Magistrate Judge may be contacted directly at any hour. Since a probable causes determination must be made within forty-eight (48) hours of all arrests, a criminal complaint must be presented directly to a Magistrate Judge for review and approval in all cases where the initial appearance will not take place within forty-eight (48) hours of an arrest. All after-hours Duty arrests (including but not limited to arrests on warrants where bonds have already bee endorsed/set) shall be reported to the Duty Magistrate Judge by the Duty Assistant United States Attorney. Effective April 15, 2006. Amended effective April 15, 2007. Comment 85
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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the date of any hearing held on the
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limitations. (2000) The addition of
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A. Motions for Attornoyo Food and/o
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substantially similar to) AO 133 of
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Authority (1993) Former Local Rule
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Roll of Attorneys. The Bar of this
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Except as otherwise ordered by a Ju
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If the complaint alleges a violatio
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Page 35 and 36: Rule 16.1^A(a) above; 4fef(B) The d
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Page 43 and 44: Procedures to Refer a Case or Claim
Page 45 and 46: : : . ORDER OF REFERRAL Trial havi
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Page 49 and 50: or to the Chief Judge's designee. E
Page 51 and 52: class action plaintiff move, within
Page 53 and 54: conducted until after the expert su
Page 55 and 56: discovery or for a protective order
Page 57 and 58: (1996)[I.] The "attempt to confer"
Page 59 and 60: depositions or hearings made necess
Page 61 and 62: (2010) Amended to conform tabulatio
Page 63 and 64: In cases of a post-judgment writ of
Page 65 and 66: victim if the announcement is not o
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Page 69 and 70: Motions for Stay and Other Intermed
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Page 73 and 74: and costs of the proceedings refere
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Page 77 and 78: individualization, or time limits,
Page 79 and 80: Effective Dec. 1, 1994. Amended eff
Page 81 and 82: (1996) A. Removes any explicit requ
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Page 87 and 88: 4. No provision of the Discovery Pr
Page 89 and 90: (5) Stays or Limitation of Discover
Page 91 and 92: subject to the objection. A lawyer
Page 93 and 94: d. The videographer shall certify t
Page 95 and 96: B. Procedures Governing Manner of P
Page 97 and 98: answer. Interrogatories propounded
Page 99 and 100: producing party may be required to
Page 101 and 102: occurs, counsel for movant must spe
Page 103 and 104: MS Excel Spreadsheet); (2) the gene
Page 105 and 106: I am the defendant named above. I h
Page 107 and 108: security; all process shall be issu
Page 109 and 110: As noted in the revised Local Admir
Page 111 and 112: If the seizure was predicated upon
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Publication of the Notice. Immediat
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Defendant. PROCESS OF ATTACHMENT
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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