Local Rule Local Criminal Rule 49.2: Pro Se Submissions by a Represented Defendant

Local Criminal Rule 49.2. Pro Se Submissions by a Represented Defendant

(a) Unless otherwise ordered by the court, a defendant represented by counsel in a pending criminal case or in a proceeding pursuant to 28 U.S.C. § 2255 may not file or submit any pro se letter, motion, or brief. A criminal case is considered pending if judgment has not yet been entered.

(b) Unless otherwise ordered by the court, if a represented defendant, acting pro se, files or submits a letter, motion, or brief in violation of this rule, the court must:

(1) on notice to all parties, forward a copy of the document to the defendant's attorney of record and file the document under seal and ex parte; and

(2) not afford the document further consideration.

(c) This rule does not apply to a motion to proceed pro se or a submission concerning the adequacy of counsel's representation.

(d) If a represented defendant, acting pro se, makes a submission that concerns both the adequacy of counsel's representation and other matters, the court may decline to consider those portions of the submission that concern matters unrelated to the adequacy of counsel's representation and file such portions under seal and ex parte.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.