Local Rule Rule 202: General Filing and Service Requirements

RULE 202. GENERAL FILING AND SERVICE REQUIREMENTS

1. Generally

The provisions of L.R. 102 apply to criminal proceedings.

2. Superseding Charging Documents

The provisions of L.R. 103.6.c apply to any superseding charging documents.

3. Related Cases

a) Designation by Government

Counsel for the Government in a criminal action shall file a "Notice of Related Case" form with the charging documents in every criminal action indicating whether the new case is, or is not, related to a prior case, whether pending or closed. A "related case" is one that: (1) arises from the same or substantially identical transactions, happenings, or events; (2) involves one or more of the same defendant(s) and would entail a substantial duplication of labor in pretrial, trial, or sentencing proceedings if heard by different judges; or (3) for any other reason would entail substantial duplication of labor if heard by different judges. The Government must also provide the related case number(s), case caption(s), assigned judge(s), and case type. The Court shall determine whether the newly-filed case is related to a prior case.

b) Wiretap Applications

In every criminal action, the Government shall indicate on the "Notice of Related Case" form whether there are any associated wiretap applications regardless of whether the new case is related to a prior case.

c) Related Magistrate Judge Cases

If a new criminal action is related to any pending magistrate judge cases, the Government shall disclose such cases on the "Notice of Related Case" form and move to unseal the corresponding criminal complaints, if appropriate.