L.A.R. Misc. 111.2: Preliminary Requirements

(a) In aid of this court's potential jurisdiction, each party in any proceeding filed in any district court in this circuit challenging the imposition of a sentence of death pursuant to a federal or state court judgment must file a "Certificate of Death Penalty Case" with any initial pleading filed in the district court. A certificate must also be filed by the U.S. Attorney upon return of a verdict of death in a federal criminal case. The certificate will include the following information: names, addresses, and telephone numbers of parties and counsel; if set, the proposed date of execution of sentence; and the emergency nature of the proceedings. Upon docketing, the clerk of the district court will transmit a copy of the certificate, together with a copy of the petition, to the clerk of this court.

(b) Upon entry of an appealable order in the district court, the clerk of the district court and appellant's counsel will prepare the record for appeal. The record will be transmitted to this court within 5 days after the filing of a notice of appeal from the entry of an appealable order under 18 U.S.C. § 3731, 28 U.S.C. § 1291, or 28 U.S.C. § 1292(a)(1), unless the appealable order is entered within 14 days of the date of a scheduled execution, in which case the record must be transmitted immediately by expedited delivery.

(c) Upon the entry of a warrant or order setting an execution date in any case within the geographical boundaries of this circuit, and in aid of this court's potential jurisdiction, the clerk is directed to monitor the status of the execution and any pending litigation and to establish communications with all parties and relevant state and/or federal courts. Without further order of this court, the clerk may direct parties to lodge with this court up to five copies of (1) relevant portions of previous state and/or federal court records, or the entire record, and (2) pleadings, briefs, and transcripts of any ongoing proceedings.

Source: 1988 Court Rule 29.1 Cross-references: 18 U.S.C. § 3731, 28 U.S.C. §§ 1291, 1292 Committee Comments: Prior Court Rule 29.1 has no counterpart in FRAP and is therefore classified as Miscellaneous. The prior rule's general reference to a "certificate providing specific information" has been changed to the more specific "Certificate of Death Penalty Case" to reflect current practice. Subsection (c) directs the clerk to establish lines of communication with the sentencing court and other concerned parties and to authorize the filing of documents and court records in advance of the court's jurisdiction. This section has been added because some parties in recent cases have challenged the clerk's authority to request information in the absence of a docketed appeal. Because early warning is critical, the court expressly delegates this authority to the clerk pursuant to this local rule.