(3) Any materials or evidence required to be disclosed by the Joint Discovery Statement except those which are specifically identified as subject to disclosure at a later date. (c) In any case in which a Joint Discovery Statement has been filed, the attorney for the United States shall be provided with reciprocal discovery by the defense pursuant to Fed. R. Crim. P. 16 not later than fourteen (14) calendar days prior to trial. (d) In a case in which a Joint Discovery Statement has been filed, the following motions may not be filed without leave of court: (1) Motion for bill of particulars, Fed. R. Crim. P. 7(f); and (2) Motion for discovery and inspection, Fed. R. Crim. P. 16. (e) A motion for leave will be stricken unless accompanied by the original motion for which leave is sought and a statement of moving counsel setting forth all efforts made to resolve the issue informally pursuant to the Joint Discovery Statement. Counsel for the United States shall have three (3) calendar days to oppose the motion for leave. (f) If leave is granted, the motion for which leave was sought shall be deemed to have been filed on the date of the order granting leave, and the time periods for filing an opposition and a reply shall be governed by LCR 12-l(a)(2) and (3). (g) If the attorney for the United States elects to withhold certain discovery material to which the defendant is otherwise entitled under the Joint Discovery Statement, the attorney for the United States shall without delay notify the court and counsel for the defendant either in writing or orally in open court. As to such discovery materials, counsel for the defendant may file a discovery motion without leave of court. LCR 17-1. ISSUANCE OF SUBPOENAS REQUESTED BY THE FEDERAL PUBLIC DEFENDER. (a) When a finding of indigency is made in a criminal case and the court orders the appointment of the office of the Federal Public Defender pursuant to the Criminal Justice Act, 18 U.S.C. §§ 3006A, et seq., the clerk shall issue subpoenas upon oral request and submission of prepared subpoenas by the attorneys of the office of the Federal Public Defender. The cost of process, fees, and expenses of witnesses subpoenaed shall be paid as for witnesses subpoenaed on behalf of the United States. The United States Marshal shall provide said witnesses with advance funds for the purpose of travel within this district and subsistence. This rule shall only apply to witnesses who reside or are served within the District of Nevada. Any subpoenas which must be served outside the District of Nevada shall require approval of the court as provided in Fed. R. Crim. P. 17(b). (b) A further showing of indigency or necessity shall not be required after an order is entered pursuant to subsection (a) of this rule for subpoenas to be served within the District of Nevada. (c) Counsel appointed pursuant to the Criminal Justice Act shall be required to make application pursuant to Fed. R. Crim. P. 17(b) for the issuance of subpoenas, whether for service within or without the District of Nevada. (d) A defendant who is acting in pro se shall in all cases make application pursuant to Fed. R. Crim. P. 17(b) for the issuance of subpoenas, whether for service within or without the District of Nevada. (e) The order of appointment shall be in a form approved by the court. LCR 30-1. INSTRUCTIONS TO JURY. Counsel shall submit jury instructions in accordance with the Order Regarding Pretrial Procedure filed in each case. LCR 32-1. SENTENCING. In all cases which are set for sentencing upon a conviction for an offense which occurred after November 1, 1987, the provisions of Fed. R. Crim. P. 32(b) and the following procedure shall apply except as otherwise ordered by the court: (a) Unless waived by the defendant, not less than thirty-five (35) calendar days before the date set for sentencing the probation officer must furnish the pre-sentence report referenced in Fed. R. Crim. P. 32 to the defendant, the defendant’s counsel, and the attorney for the United States. (b) Within fourteen (14) calendar days after receiving the pre-sentence report, the parties shall communicate in writing with each other and to the probation officer any objections to the pre-sentence report that will affect the probation officer’s recommendation to the court. After receiving the objections, the probation officer may meet with the parties and revise the report before submitting the report to the court. (c) The pre-sentence report and any addenda and revision(s) shall be submitted to the court not later than seven (7) court days before the sentencing hearing. Any revisions or addenda shall also be provided to the parties. (d) A sentencing memorandum addressing any unresolved objections to the pre-sentence report or other sentencing issues shall be filed by either party and served upon opposing counsel and the United States Probation Office not later than five (5) court days before the sentencing hearing. Any response by the parties to the sentencing memorandum must be filed and served not later than three (3) court days prior to the date set for sentencing. LCR 35-1. MOTIONS AND RESPONSES PURSUANT TO FED. R. CRIM. P. 35. When a defendant files a motion for modification of sentence pursuant to Fed. R. Crim. P. 35, the defendant shall serve the same upon the United States, and the United States shall be required to file and serve a response within twenty (20) calendar days thereafter. In regard to such motions, reference is also made to LSR 4-1. LCR 44-1. APPOINTMENT OF COUNSEL. For procedures governing appointment of counsel see the Plan for Administration of the Criminal Justice Act of 1964, as Amended, which has been adopted by the District of Nevada. A copy of the Plan may be obtained from the clerk of the court. LCR 44-2. DESIGNATION OF RETAINED COUNSEL. Except for the Federal Public Defender and attorneys appointed by the court, no attorney shall be considered by the court as an attorney of record for a defendant in a criminal case until after there shall be filed with the clerk a written designation of retained counsel, signed by the defendant and the attorney. A copy thereof shall be served upon the United States Attorney. LCR 45-1. REQUESTS FOR CONTINUANCE, EXTENSION OF TIME OR ORDER SHORTENING TIME. (a) Every motion requesting a continuance, extension of time, or order shortening time shall be “Filed” by the clerk and processed as an expedited matter. Ex parte motions and stipulations shall be governed by LCR 45-3. (b) Every motion or stipulation to extend time shall inform the court of any previous extensions granted and state the reasons for the extension requested. A request made after the expiration of the specified period shall not be granted unless the moving party, attorney, or other person demonstrates that the failure to act was the result of excusable neglect. Immediately below the title of such motion or stipulation there shall also be included a statement indicating whether it is the first, second, third, etc., requested extension, i.e.: STIPULATION FOR EXTENSION OF TIME TO FILE MOTIONS (First Request) (c) The court may set aside any extension obtained in contravention of this rule. (d) A stipulation or motion seeking to extend the time to file an opposition or final reply to a motion, or to extend the time fixed for hearing a motion, must state in its opening paragraph the filing date of the motion. LCR 45-2. STIPULATIONS GENERALLY. All stipulations except those made on the record shall be served on all other parties who have appeared and shall not be effective until approved by the court. LCR 45-3. REQUIRED FORM OF ORDER FOR STIPULATIONS AND EX PARTE MOTIONS. (a) Any stipulation or ex parte motion requesting a continuance, extension of time, or order shortening time, and any other stipulation requiring an order shall not initially be “Filed” by the clerk, but shall be marked “Received.” Every such stipulation or ex parte motion shall include an “Order” in the form of a signature block on which the court can endorse approval of the relief sought. This signature block shall not be on a separate page, but shall appear approximately one inch (1²) below the last typewritten matter on the right-hand side of the last page of the stipulation or ex parte motion, and shall read as follows: “IT IS SO ORDERED: [UNITED STATES DISTRICT JUDGE, UNITED STATES MAGISTRATE JUDGE, (whichever is appropriate)] DATED:_____________________ ” (b) Upon approval, amendment or denial, the stipulation or ex parte motion shall be filed and processed by the clerk in such manner as may be necessary.

Vegas Law