10th Cir. R. 22.2: Procedures in death penalty cases
Tenth Circuit Rules — Title VI. Habeas Corpus; Proceedings in Forma Pauperis
(A) General Procedures.
(1) Upon receipt of the docketing statement in capital cases arising under 28 U.S.C. § 2254 or any federal criminal statute, the Clerk shall enter a case management order directing the parties to schedule a video or phone conference with the Chief Deputy Clerk or other designated court representative. Lead counsel for both parties must be available for the conference.
(2) At the designated time, counsel and the court shall address matters related to issues to be appealed, page limitations, record issues, and any other procedural matters which the parties believe are significant in the appeal. At the time of the conference, counsel shall be prepared to discuss and adopt a briefing schedule. In addition, where appropriate, the court may address issues regarding issuance of a certificate of appealability.
(3) The court will issue a scheduling order following the conference. In that order, the court will set all appropriate deadlines. Motions to amend those deadlines are strongly discouraged, and the court will deviate from the scheduling order only under extreme circumstances.
(4) Hard copies of electronically filed motions for issuance of a certificate of appealability, responses, and replies are required only if ordered by the court.
(B) Cases with a scheduled execution date.
(1) Notice of execution date. When a petitioner has a scheduled execution date at the time the notice of appeal is filed, a separate notice regarding the date must be filed with the Clerk. The notice must be filed immediately upon case opening. The notice must:
(a) certify the existence of a death sentence and state the execution date; and
(b) list any previous related cases in federal court and any related cases pending in any other court, including state courts.
(2) Immediate communication upon filing in district court.
The district clerk must notify the circuit clerk immediately upon the filing of any new habeas petition, or any other new proceeding, which includes a scheduled execution date for the petitioner. Counsel for the petitioner must also notify this court immediately if any new proceeding is filed in the district court involving a case with a scheduled execution date.
(C) Motion for stay.
(1) Initial motion in district court. A motion for a stay of execution must ordinarily be made in the district court first. See Fed. R. App. P. 8(a)(2)(A)(i).
(2) Lodged with court of appeals. In anticipation of jurisdiction, a motion for stay and supporting documents may be forwarded to the circuit clerk before a notice of appeal is filed. Counsel should also contact the circuit clerk via phone as soon as is feasible regarding anticipated motions for stay. Written materials may be forwarded electronically to [email protected].