Local Rule 400: GENERAL RULES APPLICABLE IN CRIMINAL ACTIONS, ELECTRONIC FILING, AND PLAN FOR PROMPT DISPOSITION OF CRIMINAL ACTIONS
E.D. Cal. — Criminal rule
RULE 400 (Fed. R. Crim. P. 50)
GENERAL RULES APPLICABLE IN CRIMINAL ACTIONS, ELECTRONIC FILING AND PLAN FOR PROMPT DISPOSITION OF CRIMINAL ACTIONS
(a) Applicability of General Rules. Local Rules 100 to 199 and 300 to 399 are fully applicable in criminal actions in the absence of a specific Criminal Rule directly on point.
(b) Filings in Criminal Actions in General. Criminal Proceedings are defined as all felony and class-A misdemeanor actions that are opened as "cr" actions by the District Court. In general, all documents submitted for filing in this district by attorneys in a criminal proceeding on or after January 3, 2005 shall be filed electronically. See L.R. 135. Pro se defendants must file and serve conventionally in accord with applicable Rules unless specifically authorized to file electronically. See L.R. 133.
(c) Filings in Magistrate Judge Criminal Actions in General. Magistrate Judge Criminal Actions are defined as all complaints, initial Rule 40 appearances or class B and C misdemeanors also known as "Petty Offense Actions," and all other actions where a "mj" action is opened. In general, except for filings by pro se defendants, all documents submitted for filing after January 3, 2005 shall be submitted in electronic format. See L.R. 135.
(d) Exemption from Electronic Filing for CVB Actions. Until the District Court is responsible for transmitting statistics in actions generated via the Central Violations Bureau (CVB), and maintained as CVB actions, such actions are exempt from CM/ECF.
(e) Mandatory Exceptions from Electronic Filing in Criminal Actions. Due to their unique nature, the following documents shall be filed in paper format and scanned into electronic format by the Clerk:
(1) Indictments / Informations;
(2) Arrest Warrants issued by a Judge or Magistrate Judge;
(3) Search Warrants and accompanying documents;
(4) Seizure Warrants and accompanying documents;
(5) Pen Register authorizations and like documents;
(6) Criminal Complaints and accompanying documents;
(7) Rule 5(c)(3) / 20 documents;
(8) Writs ad testificandum and prosequendum; and
(9) Wiretap proceedings.
(f) Filings in Juvenile Actions. Documents in juvenile delinquency matters shall not be filed electronically.
(g) Adoption of Plan for Prompt Disposition of Criminal Actions. Pursuant to the requirements of Fed. R. Crim. P. 50(b), the Speedy Trial Act of 1974 (18 U.S.C. §§ 3161-74), and the Federal Juvenile Delinquency Act (18 U.S.C. §§ 5036-37), the Court en banc has adopted a local plan establishing time limits and procedures for the prompt disposition of criminal actions. The Local Plan provides that "a copy of Section II shall be made available to practicing members of the Bar."
(h) Availability of Plan. Counsel may obtain a copy of Section II from the Clerk and also on the court website. Counsel in criminal actions shall acquaint themselves with Section II of the Local Plan.