Local Rule Civ. RULE 81.3: PETITIONS FOR HABEAS CORPUS AND MOTIONS UNDER 28 U.S.C. § 2255 IN DEATH PENALTY CASES

Civ. RULE 81.3 PETITIONS FOR HABEAS CORPUS AND MOTIONS UNDER 28 U.S.C. § 2255 IN DEATH PENALTY CASES (a) The following Local Civil Rule shall govern all petitions for a writ of habeas corpus and all motions under 28 U.S.C. § 2255 where the relief sought would affect a sentence of death previously imposed on the petitioner (hereinafter "capital case"). (b) Any petition for a writ of habeas corpus and any motion to vacate, set aside or correct a sentence under 28 U.S.C. § 2255 in a capital case must be accompanied by a cover sheet that lists: (1) petitioner's full name and prisoner number; if prosecuted under a different name or alias that name must be indicated; (2) name of person having custody of petitioner (warden, superintendent, etc.); (3) petitioner's address; (4) name of trial judge; (5) court term and bill of information or indictment number; (6) charges of which petitioner was convicted; (7) sentence for each of the charges; (8) plea entered; (9) whether trial was by jury or to the bench; (10) date of filing, docket numbers, dates of decision and results of any direct appeal of the conviction; (11) date of filing, docket numbers, dates of decision and results of any state collateral attack on a state conviction including appeals; (12) date of filing, docket numbers, dates of decision of any prior federal habeas corpus or § 2255 proceedings, including appeals; and (13) name and address of each attorney who represented petitioner, identifying the stage at which the attorney represented the litigant. (c) Any such petition or motion in a capital case: (1) must list every ground on which the petitioner claims to be entitled to habeas corpus relief (or relief under 28 U.S.C. § 2255 for federal prisoners) followed by a concise statement of the material facts supporting the claims; (2) must identify at what stage of the proceedings each claim was exhausted in state court if the petition seeks relief from a state court judgment; (3) must contain a table of contents if the petition is more than 25 pages; (4) may contain citation to legal authorities that form the basis of the claim. (d) Petitioner must file, not later than 30 days after the date of the filing of the habeas corpus petition or the motion under 28 U.S.C. § 2255, in a capital case an original and one copy of a brief in support of the relief requested, which brief shall comply with the requirements of Local Civil Rule 7.2(b). The original brief shall be filed by the Clerk and the copy forwarded by the Clerk to the District Judge assigned to the case. (e) The petition/motion and brief together must not exceed 100 pages. Any such paper shall be served upon the respondent when it is filed with the Court. (f) Within 60 days after being served with all papers, including the brief, filed by the petitioner/movant, the respondent shall file and serve a response which: (1) must contain a table of contents if it is more than 25 pages; (2) must include an original and one copy of a brief complying with the requirements of Local Civil Rule 7.2(b), which the Clerk shall file and process in the manner set forth in subsection (d) above; and (3) must include a certified copy of all briefs, appendices, opinions, process, pleadings, transcripts and orders filed in the underlying criminal proceeding or such of these as may be material to the questions presented by the petition or motion. (g) The response and brief required in sections (f)(1) and (2) above must not exceed 100 pages. (h) Any reply to the response must be filed and served within 21 days of the filing of the response and may not exceed 30 pages. (i) Upon motion (with notice to all adverse parties) and for good cause shown, the District Judge may extend the page limits for any document. (j) Upon motion (with notice to all adverse parties) and for good cause shown, the District Judge may extend the time for filing any document. This provision does not enlarge the power of the District Judge to extend the time for filing a petition under 28 U.S.C. § 2254 or a motion under 28 U.S.C. § 2255 beyond that permitted by applicable statutory and case law. (k) All documents filed by any party under this rule must be succinct and must avoid repetition. (l) Each petitioner in any habeas corpus proceeding or motion under 28 U.S.C. § 2255 in which the imposition of a death sentence is challenged shall file a "Certificate of Death Penalty Case" with the initial petition, motion or other pleading. This Certificate shall include the following information: (1) names, addresses and telephone numbers of parties and counsel; (2) if set, the proposed date of the execution of sentence; and (3) the emergency nature of the proceedings. (m) A Certificate of Death Penalty Case shall be filed with the Clerk by the United States Attorney for the District of New Jersey upon return of a verdict of death in a federal criminal case. (n) Upon the entry of a warrant or order setting an execution date in any case within the geographical boundaries of this district, 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 communication with all parties and relevant state and/or federal courts. Without further order of this Court, the Clerk may, prior to the filing of a petition, direct parties to lodge with this Court (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. To prevent delay, the case may be assigned to a District Judge, up to 14 days prior to the execution date. The identity of the District Judge assigned shall not be disclosed until a petition is actually docketed. (o) The assignment of death-penalty cases among the District Judges of this Court (whether before or after a petition is docketed) shall be as follows: If habeas relief from a State conviction is sought, the Clerk shall allocate the case to the vicinage which encompasses the county in which the capital sentence was imposed and assign the case to the next District Judge on that vicinage's list of District Judges to receive such cases. If relief from a federal conviction arising in this District is sought under 28 U.S.C. § 2255, the case shall be assigned to the District Judge who presided at the capital sentencing or in his or her unavailability to the next District Judge on that vicinage's list of District Judges to receive such cases. (p) In accordance with Third Circuit L.A.R. Misc. 111.3(a), at the time a final decision is entered, the Court shall state whether a certificate of appealability is granted, the court must state the issues that merit the granting of a certificate and must also grant a stay pending disposition of the appeal, except as provided in 28 U.S.C. § 2262. (q) Upon entry of an appealable order, the Clerk and appellant's counsel will prepare the record for appeal. The record will be transmitted to the Third Circuit Court of Appeals within seven 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 the scheduled execution, in which case the record shall be transmitted immediately by an expedited means of delivery. Adopted January 10, 2001. Amended March 1, 2010.