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(2) The defendant shall submit all declarations and exhibits comprising the defense case five (5) business days before trial; (3) Two (2) business days before trial each party shall lodge with the courtroom deputy clerk of the judge to whom the trial is assigned, one (1) copy of all declarations and exhibits intended to be presented at trial by that party, and an original and one (1) copy of that party’s written objections to the admission of any of the declarations or exhibits of an opposing party. Copies of exhibits lodged with the clerk shall be pre-marked by counsel, and shall be accompanied by a cover sheet index containing a brief description of each exhibit; and (4) Unless otherwise stipulated by the parties with approval of the judge, the declarants must be made available for cross examination at the time of trial. (e) Utilization of live testimony. All cross-examination, rebuttal, and surrebuttal shall be by live testimony unless stipulated by the parties and approved by the judge. Notwithstanding the provisions of this rule, the court, in its discretion, may allow the live direct examination of any witness. LR 9018. SECRET, CONFIDENTIAL, SCANDALOUS, OR DEFAMATORY MATTER. (a) Papers submitted for the court’s in camera inspection shall be accompanied by a captioned cover sheet complying with LR 9004, indicating that it is being submitted in camera. Counsel shall provide to the court an envelope of sufficient size into which the in camera papers can be sealed without being folded. Counsel shall be permitted to tender to the clerk of the court papers in camera without a prior court order authorizing same. (b) The court will review the in camera submission and enter an appropriate order directing that it be filed under seal, be made part of the official public file, or be permitted to be withdrawn. In the event the court orders such paper sealed, the moving party shall submit an order in compliance to LR 9022, which order shall be docketed by the clerk. LR 9019. SETTLEMENTS AND AGREED ORDERS; ALTERNATIVE DISPUTE RESOLUTION (ADR). (a) The court, upon its own initiative or upon the request of any party in interest, may at any time order that a matter be set for settlement conference or other alternative method of dispute resolution. (b) It is the duty of the plaintiff or moving party to promptly advise the court in writing when any adversary proceeding or contested matter is settled. (c) Unless otherwise directed by the court, when any party gives notice of a motion for the approval of a compromise, that party shall either include a summary of the essential terms of the compromise in the notice or shall serve a copy of the compromise with the notice. LR 9021. JUDGMENTS AND ORDERS - ENTRY OF. (a) Preparation of entry of orders and judgments. Unless proposed findings of fact, conclusions of law, judgments or orders are submitted in court and accepted by the judge at the time of the ruling, counsel whose duty it is to prepare any such document shall submit the original and a copy thereof to opposing counsel, to the trustee, and to the office of the United States trustee in chapter 11, 12, and 13 cases. (1) Unless otherwise ordered, all proposed findings of fact, conclusions of law, judgments and orders, shall be prepared in writing by the attorney for the prevailing party and these documents shall embody the court’s decision and include a date block, and a judge’s signature block which shall appear approximately one inch (1?) below at least two (2) typewritten lines on the right-hand side of the last page; (2) No language other than “approved” or “disapproved” shall appear above opposing counsel’s signature; and (3) Unless otherwise ordered by the court, “opposing counsel” shall mean any attorney who appeared at the hearing regarding the matter which is the subject of the order or having filed written objections. (b) Service and lodging. Counsel preparing the document may proceed in one (1) of two (2) ways: (1) Counsel may mail a copy to all opposing counsel and the trustee, wait five (5) business days, and then file the original with the clerk together with an affidavit or certificate of service regarding service of the copy; or (2) Counsel may serve the original on opposing counsel who shall forthwith acknowledge on the original the date of receipt and shall endorse an approval or disapproval as to form consistent with the court’s oral ruling. Such endorsement does not constitute approval of the substance and does not waive any right of appeal. (3) Counsel preparing the document shall lodge with the clerk the endorsed original and such copies as are required by the clerk. (c) Objection. Opposing counsel shall have five (5) business days after the date of service under (b)(1) or (b)(2) within which to file and serve a detailed statement of objections thereto together with an alternative proposed form of document. If objections are filed, the court may either require counsel to respond as it deems appropriate or may sign the document as prepared or as modified. (d) Conditional orders. If no objection is filed to a conditional order dismissing or converting a case, it will be deemed to be dismissed or converted at the expiration of the objection period without further order of the court. LR 9022. JUDGMENTS AND ORDERS - NOTICE OF. (a) Unless otherwise ordered by the court, counsel whose duty it is to prepare an order or judgment shall upon entry of such order or judgment, immediately serve notice of entry on the opposing counsel as defined in LR 9021(a)(3) or such other entities as the court directs. The notice of entry shall include a copy of the document and the date of entry of the document. (b) Lack of notice of the entry does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed except as permitted in Fed. R. Bank P. 8002. Part IV - Local Rules of Criminal Practice LCR 12-1. TIME FOR FILING MOTIONS, RESPONSES AND REPLIES. (a) In all criminal cases, except as otherwise ordered by the court: (1) Each party shall have fourteen (14) calendar days from the time of arraignment within which to file and serve the pretrial motions and notices specified in subsection (b) of this rule; (2) Responses to such motions shall be filed and served within eleven (11) calendar days from the date of service of the motion; and (3) A reply brief may be filed in connection with case dispositive motions only and shall be served within three (3) calendar days from the date of service of the response. The reply brief shall only respond to arguments made in the responsive pleading. (b) The following pretrial motions and notices must be filed within the time period set forth in subsection (a) of this rule: (1) Defenses and objections based upon defects in the institution of the prosecution, except challenges to the composition of the grand or petit jury, which are governed by 28 U.S.C. § 1867; (2) Defenses and objections based upon defects in the indictment or information (other than it fails to show jurisdiction in the court or to charge an offense, which shall be noticed by the court at any time during the pendency of the proceedings); (3) Motion for bill of particulars, Fed. R. Crim. P. 7(f); (4) Motion for severance, Fed. R. Crim. P. 14; (5) Motion to take deposition, Fed. R. Crim. P. 15; (6) Motion to transfer to another district, Fed. R. Crim. P. 21; (7) Written demand by the attorney for the United States for notice of alibi pursuant to Fed. R. Crim. P. 12.1; (8) Notice of insanity defense or expert testimony of defendant’s mental condition pursuant to Fed. R. Crim. P. 12.2; (9) Notice of defense based upon public authority under Fed. R. Crim. P. 12.3; and (10) Motion to suppress evidence under Fed. R. Crim. P. 41(f). (c) Any party filing pretrial motions, responses to motions, or replies pursuant to the time schedule set forth in subsection (a) of this rule, or within any time period ordered by the court, shall provide a certification that the motion, response or reply is being filed timely. The certifica­tion shall be so identified and shall be set forth separately as an opening paragraph on any such motion, response or reply. LCR 16-1. DISCOVERY, RECIPROCAL DISCOVERY AND NOTICE OF DEFENSE. (a) Unless otherwise designated by the attorney for the United States at the time of arraignment, all cases shall be deemed to be subject to a Joint Discovery Statement. In such a case, within five (5) calendar days after arraignment, unless good cause is shown, the parties shall file a Joint Discovery Statement setting forth the agreements of the parties as to the discovery to be provided. In any case in which a Joint Discovery Statement has been filed, it shall be deemed by the court that an appropriate and sufficient discovery motion was made by all parties. (b) In all cases in which a Joint Discovery Statement has been filed the attorney for the United States shall make the following discovery materials available within five (5) calendar days after arraignment: (1) All evidence that is discoverable under Fed. R. Crim. P. 16; (2) Any materials or evidence the production of which is mandated by the Constitution of the United States; and

Vegas Law




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