LOCAL RULES OF PRACTICE

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CRIMINAL

LOCAL RULES OF PRACTICE

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA

Table of Contents

District Judges ................................................................................................ iv

Magistrate Judges ............................................................................................ v

Clerk ................................................................................................................ v

DIVISIONS OF DISTRICT OF SOUTH DAKOTA ................................................. 1

LOCAL RULE NUMBERING .............................................................................. 1

LR 1.1 GENERAL PROVISIONS ........................................................................ 2

A. Citation Form..................................................................................... 2

B. Scope ................................................................................................. 2

C. Modification of Local Rules by Presiding Judge. .................................. 2

D. Speedy Trials ..................................................................................... 2

E. Assignment of Related Cases .............................................................. 2

LR 3.1 COMPLAINTS ........................................................................................ 2

A. Presentation ....................................................................................... 2

B. Emergencies ...................................................................................... 3

LR 5.1 DETENTION ORDERS ........................................................................... 3

A. Review ............................................................................................... 3

B. Appeals .............................................................................................. 3

LR 6.1 CONTACT WITH GRAND JURORS ......................................................... 3

A. Contact by Defendants or Witnesses .................................................. 3

B. Contact by Lawyers for the Government ............................................. 3

LR 10.1 ARRAIGNMENT AND WAIVER OF PERSONAL APPEARANCE ............... 3

LR 11.1 PLEAS ................................................................................................. 4

A. Plea Agreement .................................................................................. 4

B. Petition to Plead ................................................................................. 4

LR 12.1 PRETRIAL MOTIONS AND REQUESTS ................................................ 4

LR 12.4 DISCLOSURE STATEMENT ................................................................. 4

LR 16.1 DISCOVERY ........................................................................................ 4

A. Stipulation for Entry of Discovery Order ............................................. 4

B. Certification Required. ....................................................................... 5

C. Expert Witness Disclosure Deadline…………………………………………..5

LR 17.1 SUBPOENAS AND WRITS .................................................................... 5

A. Subpoenas to be served by the United States Marshals Service .......... 5

B. Private Service of Process Not Authorized by CJA ............................... 5

C. Deadline for Application for Writ of Habeas Corpus Ad Testificandum 6

D. Confidentiality ................................................................................... 6

LR 24.1 JURY SELECTION IN MULTI-DEFENDANT CASES .............................. 6

LR 24.2 RESTRICTIONS ON PHOTOGRAPHING OR INTERVIEWING JURORS .. 6

A. Photographing Jurors ........................................................................ 6

B. Interviewing Jurors. ........................................................................... 6

LR 26.1 WITNESS LIST ………………………………………………………………………7

LR 28.1 INTERPRETERS .................................................................................. 7

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A. Responsibility for Obtaining ............................................................... 7

B. Certified Telephone Interpreters ......................................................... 7

LR 30.1 JURY DELIBERATIONS ....................................................................... 7

A. Availability During Deliberations ........................................................ 7

B. Notification ........................................................................................ 8

C. Proceedings ........................................................................................ 8

LR 32.1 SENTENCING ...................................................................................... 8

A. Sentencing Motions ............................................................................ 8

B. Confidential Sentencing Documents ................................................... 8

C. Procedure. ......................................................................................... 9

LR 41.1 SEARCH AND SEIZURE ...................................................................... 9

A. Presentation ....................................................................................... 9

B. Lawyer for Government .................................................................... 10

C. Emergencies .................................................................................... 10

D. Initial Sealing of Search Warrant Documents ................................... 10

LR 44.1 ATTORNEYS...................................................................................... 10

A. Bar of the Court ............................................................................... 10

B. Eligibility ......................................................................................... 10

C. Procedure for Admission .................................................................. 10

D. Oath of Admission............................................................................ 11

E. Appearance of Attorney Pro Hac Vice ................................................ 11

F. Attorneys for the United States and Federal Public Defende.............. 12

G. Attorney Discipline ........................................................................... 13

H. Reinstatement of Disbarred and Suspended Attorneys ..................... 15

Law Students ................................................................................... 15

LR 47.1 MOTIONS .......................................................................................... 17

A. Discovery Motion.............................................................................. 17

B. Motions to Seal ................................................................................ 17

C. Required Written Brief...................................................................... 17

LR 49.1 SERVING AND FILING DOCUMENTS INCLUDING HIGHLY SENSITIVE

DOCUMENTS .......................................................................................... 18

A. What constitutes filing/official record................................................ 18

B. What constitutes an electronic signature. ......................................... 18

C. Duty to protect login and password. .................................................. 18

D. Documents requiring the signature of more than one party............... 19

E. Restricted Hyperlinks........................................................................ 19

F. Filing Documents outside of CM/ECF. .............................................. 19

LR 49.1.1 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT .... 21

LR 57.1 RELEASE OF INFORMATION BY COURTHOUSE PERSONNEL IN

CRIMINAL CASES ................................................................................... 22

LR 57.2 AVAILABILITY OF ELECTRONIC RECORDINGS ................................. 22

LR 57.3 EXHIBITS.......................................................................................... 22

A. Marking of Exhibits .......................................................................... 22

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B. Electronically Filing Documentary Exhibits ...................................... 23

C. Physical Exhibits.............................................................................. 23

D. Exhibits Necessary for Appeal .......................................................... 24

LR 57.4 WITHDRAWAL AND SUBSTITUTION OF COUNSEL ........................... 24

A. In General ........................................................................................ 24

B. Withdrawal With Substitution .......................................................... 24

C. Withdrawal Without Substitution ..................................................... 24

LR 57.5 RECORDING AND CELLULAR DEVICES ........................................... 24

LR 57.6 IDENTIFICATION............................................................................... 25

A. Caption ............................................................................................ 25

B. Signature Block ............................................................................... 25

LR 57.7 TRIAL APPEARANCE ......................................................................... 26

LR 57.8 PAYMENTS PRIOR TO ENTRY OF JUDGMENT .................................. 26

LR 57.9 FORM OF PAPERS ............................................................................ 26

LR 57.10 ACCESS TO CRIMINAL DOCUMENTS ............................................. 26

A. Purpose. ............................................................................................. 26

B. Sealed or Restricted Documents.......................................................... 26

C. Access to Sealed or Restricted Documents. ......................................... 27

D. Serving Restricted or Sealed Documents. ............................................ 28

LR 57.11 MAGISTRATE JUDGE DUTIES ........................................................ 28

A. General Designation............................................................................ 28

B. Specific Designation............................................................................ 29

LR 57.12 COURT SECURITY OFFICER DUTIES .............................................. 29

LR 57.13 FORMER LAW CLERKS………………………………………………………..29

LR 58.1 SCHEDULE OF FINES....................................................................... 29

iii

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UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA

District Judges:

Roberto A. Lange

Chief Judge

400 South Phillips Avenue, Room 202

Sioux Falls, SD 57104

605-330-6670

Charles B. Kornmann

United States District Judge

102 Fourth Avenue, SE, Room 408

Aberdeen, SD 57401

605-377-2600

Lawrence L. Piersol

United States District Judge

400 South Phillips Avenue, Room 315

Sioux Falls, SD 57104

605-330-6640

Karen E. Schreier

United States District Judge

400 South Phillips Avenue, Room 233

Sioux Falls, SD 57104

605-330-6670

Eric C. Schulte

United States District Judge

225 S. Pierre Street, Room 413

Pierre, SD 57501

605-945-4610

Camela C. Theeler

United States District Judge

Andrew W. Bogue Federal Building and United States Courthouse

515 Ninth Street, Room 318

Rapid City, SD 57701

605-399-6050

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Magistrate Judges:

Veronica L. Duffy

United States Magistrate Judge

400 South Phillips Avenue, Room 119

Sioux Falls, SD 57104

605-330-6650

Mark A. Moreno

United States Magistrate Judge

225 S. Pierre Street, Room 419

Pierre, SD 57501

605-945-4620

Daneta Wollmann

United States Magistrate Judge

Andrew W. Bogue Federal Building and United States Courthouse

515 Ninth Street, Room 244

Rapid City, SD 57701

605-399-6030

Clerk:

Matthew w. Thelen

Clerk of Court

400 South Phillips Avenue, Room 128

Sioux Falls, SD 57104

605-330-6600

605-330-6601 (fax)

Divisional Office at Rapid City:

Andrew W. Bogue Federal Building and United States Courthouse

515 Ninth Street, Room 302

Rapid City, SD 57701

605-399-6000

605-399-6001 (fax)

Divisional Office at Pierre:

225 S. Pierre Street, Room 405

Pierre, SD 57501

605-945-4600

605-945-4601 (fax)

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DIVISIONS OF DISTRICT OF SOUTH DAKOTA

The State of South Dakota constitutes one judicial district divided into four

divisions for purposes of case assignment (28 U.S.C. ' 122).

(1) The NORTHERN DIVISION comprises the counties of Brown, Campbell,

Clark, Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson,

Marshall, Roberts, Spink, and Walworth.

The place of holding court is Aberdeen.

(2) The SOUTHERN DIVISION comprises the counties of Aurora, Beadle,

Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson,

Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody,

Sanborn, Turner, Union, and Yankton.

The place of holding court is Sioux Falls.

(3) The CENTRAL DIVISION comprises the counties of Buffalo, Dewey,

Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette,

Potter, Stanley, Sully, Todd, Tripp, and Ziebach.

The place of holding court is Pierre.

(4) The WESTERN DIVISION comprises the counties of Bennett, Butte,

Custer, Fall River, Harding, Jackson, Lawrence, Meade, Oglala Lakota,

Pennington, and Perkins.

The place of holding court is Rapid City.

LOCAL RULE NUMBERING

These local rules have been numbered consistently with the Federal Rules of

Criminal Procedure and the conventions of the United States Judicial

Conference=s Local Rule Project. Generally, the number of each of the local rules

is dictated by the number of the corresponding rule in the Federal Rules of

Criminal Procedure.

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LR 1.1 GENERAL PROVISIONS

Citation Form. The local criminal rules are to be cited as AD.S.D. Crim.

LR ___.@

Scope. The local criminal rules govern all criminal proceedings in the District

of South Dakota to the extent they are not inconsistent with any statute or

law of the United States or any rule or order of the Supreme Court of the

United States.

C. Modification of Local Rules by Presiding Judge. The local rules are subject

to modification in any case at the discretion of the presiding judge.

D. Speedy Trials. The court’s Speedy Trial Plan governs the scheduling of

criminal trials. This plan may be found on the court’s web site at

www.sdd.uscourts.gov.

Assignment of Related Cases.

1. When a pending indictment or information is superseded by an

indictment or information charging one or more of the defendants

charged in the pending indictment or information and charging one or

more of the offenses charged in the original indictment or information

growing out of one or more occurrences that gave rise to the original

charge, the superseding indictment or information will be assigned to the

same judge to whom the first case is assigned.

2. When two or more indictments or criminal informations are filed against

the same person or persons, corporation, or corporations, charging like

offenses or violations of the same statute, each of such cases will be

assigned to the judge to whom the first of such cases is assigned.

3. When an indictment or information is pending against a defendant, all

subsequent indictments or informations against the same defendant that

may be returned or filed will be assigned to the same judge. This section

does not extend beyond defendants with pending cases.

LR 3.1 COMPLAINTS

Presentation. Complaints ordinarily should be presented to a magistrate

judge for review and execution, but a complaint may be presented to a district

judge if no magistrate judge is available. If no federal judge is reasonably

available, a complaint may be presented to a state judicial officer.

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Copies of the complaint and supporting affidavits should be delivered to the

judge for his or her private review before a request is made for the judge to

sign the complaint. In an emergency, the judge may waive this requirement.

Emergencies. In an emergency, a magistrate judge may be contacted away

from the courthouse, including at his or her home, for purposes of

considering a proposed complaint. If no magistrate judge is available, a

district judge may be contacted away from the courthouse, including at his

or her home, for purposes of considering a proposed complaint.

LR 5.1 DETENTION ORDERS

Review. After a detention order is issued, a party may request reconsideration of the order based on new evidence or may appeal the order to a district

judge. A party requesting review of a detention order must state in the caption

whether the request is one for reconsideration or is an appeal to a district

judge.

Appeals. A party appealing a detention order must file a written motion

containing a statement of the grounds for the appeal and a statement that a

transcript of the detention hearing has been ordered.

LR 6.1 CONTACT WITH GRAND JURORS

Contact by Defendants or Witnesses. Except upon leave of court, no actual

or potential defendant or witness, and no lawyer or other person acting on

his or her behalf, may contact, interview, examine, or question any grand

juror or potential grand juror concerning the juror=s actual or potential grand

jury service.

Contact by Lawyers for the Government. Except upon leave of court, no

lawyer for the government or other person acting on his or her behalf may

contact, interview, examine, or question any grand juror or potential grand

juror concerning the juror=s actual or potential grand jury service, except that

contacts may be made on the record during grand jury proceedings and as

necessary in connection with the administration of the grand jury.

LR 10.1 ARRAIGNMENT AND WAIVER

OF PERSONAL APPEARANCE

Defendants are encouraged to file a written waiver of personal appearance in lieu

of personally appearing at arraignments on superseding indictments and

superseding informations that do not add new counts or different charges.

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LR 11.1 PLEAS

Plea Agreement. If a defendant is pleading guilty pursuant to a plea

agreement with the government, a written plea agreement and a factual basis

statement must be filed. A plea agreement supplement must also be filed and

must identify any agreements that the defendant has with the government

regarding cooperation or state that the defendant has no cooperation

agreements with the government. The plea agreement supplement will be

sealed in all cases to protect the safety of all federal defendants regardless of

their cooperation with the government, and the integrity of any ongoing

investigations or related prosecutions. The defendant, defendant=s attorney

and government attorney must sign the plea agreement, factual basis

statement and supplement.

Petition to Plead. The lawyer for the defendant may file a written petition to

plead with a factual basis statement, which must be signed by both the

defendant and defendant=s counsel.

LR 12.1 PRETRIAL MOTIONS AND REQUESTS

Scheduling and Case Management Order will set deadlines for motions, notices,

and requests.

Requests for discovery or for 404(b) evidence should be filed as requests and not

motions.

LR 12.4 DISCLOSURE STATEMENT

Every organizational defendant in a criminal case must file either a Corporate

Disclosure Statement (disclosure statement) or a Certificate that Fed. R. Crim.

P. 12.4 is not applicable (certificate of non-applicability). Information provided

under this local rule may be used by the judge assigned to a case to determine

whether recusal is necessary or appropriate.

LR 16.1 DISCOVERY

Stipulation for Entry of Discovery Order. Within 14 days of an initial

appearance, the Government and defense counsel must complete and

file a joint stipulation for discovery, which can be found on the court’s

website. The Government is responsible for the timely electronic filing of the

joint stipulation. The discovery order restricts dissemination of discovery

materials and precludes defense counsel from giving discovery materials to

the defendant without the court’s express permission.

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Certification Required. A party filing a motion concerning a discovery

dispute must file a separate certification describing the good faith efforts of

the parties to resolve the dispute.

Expert Witness Disclosure Deadline.

1. The government and the defendant shall disclose to each other no later

than twenty-one (21) calendar days before the start of trial the name of

any person retained to testify as an expert witness in the case-in-chief

and provide a written disclosure containing:

a. A complete statement of all opinions that the party will elicit from

the expert witness in the case-in-chief;

b. The bases and reasons for them;

c. The witness’s qualifications, including a list of all publications

authored in the previous 10 years; and

d. A list of all other cases in which during the previous 4 years, the

witness has testified as an expert at trial or by deposition.

2. Any rebuttal expert to refute testimony from a disclosed expert shall be

identified with the same written disclosure provided no later than seven

(7) calendar days before trial.

LR 17.1 SUBPOENAS AND WRITS

Subpoenas to be served by the United States Marshals Service. A

defendant unable to pay must file an ex parte motion at least 14 calendar

days before a hearing or trial for a subpoena to be served within the district

by the United States Marshals Service. A defendant unable to pay must file

an ex parte motion at least 21 calendar days before a hearing or trial for a

subpoena to be served outside the district by the United States Marshals

Service. All ex parte motions must be filed with an attached, prepared AO 89

or AO 89B and must include a physical address for service. The form should

include the date and time it is reasonably anticipated the witness will be

called to testify. Ex parte documents are not part of the public records of the

court.

Private Service of Process Not Authorized by CJA. Unless prior approval

is obtained from a judge, a lawyer appointed under the Criminal Justice Act

may not use private process servers or investigators to serve subpoenas for

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criminal hearings or trials but must use the United States Marshals Service

for such service. If a private process server is used without prior approval,

service is valid but reimbursement under the Criminal Justice Act is subject

to court approval.

C. Deadline for Application for Writ of Habeas Corpus Ad Testificandum.

An application for a writ of habeas corpus ad testificandum to be served by

the United States Marshals Service within the district must be filed at least

14 calendar days before the hearing or trial at which the witness is to testify,

and an application for a writ of habeas corpus ad testificandum to be served

by the United States Marshals Service outside of the district must be filed at

least 21 calendar days before the hearing or trial at which the witness is to

testify. All applications must be filed with an attached proposed writ.

D. Confidentiality. All subpoenas and writs of habeas corpus ad testificandum

obtained ex parte are confidential. This confidentiality requirement applies to

everyone, including court personnel, the United States Marshals Service, and

anyone assisting the United States Marshals Service with service of process.

LR 24.1 JURY SELECTION IN MULTI-DEFENDANT CASES

In multi-defendant cases, a request by a defendant for additional peremptory

challenges must be made in writing at least 14 calendar days before jury

selection.

LR 24.2 RESTRICTIONS ON PHOTOGRAPHING OR

INTERVIEWING JURORS

Photographing Jurors. To protect the integrity and independence of

jurors, no person may photograph or attempt to photograph any juror,

grand or petit, without the express approval of the individual juror or the

express approval of the presiding judge. This restriction also protects grand

jury witnesses. No one other than a juror may photograph or otherwise

record his or her motor vehicle or motor vehicle license. Leaflets or other

juror information pamphlets may not be given to a juror or placed in any

place where a juror might reasonably be expected to obtain the printed

matter. Such action may constitute an unlawful attempt to influence,

intimidate, or impede a juror or witness, in violation of 18 U.S.C. § 1503 and

18 U.S.C. § 1510.

Interviewing Jurors. No one may contact any juror before or during the

juror=s service on a case. The parties, their lawyers and anybody acting on

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their behalf must seek and obtain permission from the district judge who

tried the case before contacting a juror after the juror served on the case.

LR 26.1 WITNESS LIST

Each party must file a sealed witness list by noon on the last business day

before a scheduled trial. It must include the town/city and state of each

witness.

LR 28.1 INTERPRETERS

Responsibility for Obtaining. When interpreters are required for proceedings instituted by the United States, the clerk of court will locate certified or

otherwise qualified interpreters for court proceedings. However, the U.S.

attorney=s office is responsible for locating, contracting, and paying

interpreters for government witnesses. For most other purposes, a party

requiring the services of an interpreter must obtain his or her own

interpreting services. If the defendant is indigent, prior court approval to hire

an interpreter is required as specified in the Guide to Judiciary Policy and 18

U.S.C. ' 3006A(e). If counsel for either party believes that interpreter services

for court proceedings are needed for more than an hour, counsel must notify

the clerk of court as soon as possible.

If participants in federal court proceedings are deaf, hearing impaired or have

communication disabilities, the court will provide sign language interpreters.

Certified Telephone Interpreters. In criminal cases, the court may use certified interpreters supplied by the Telephone Interpreting Program sponsored

by the Administrative Office of the United States Courts for hearings that do

not exceed an hour. Any objection to the use of such an interpreter must be

made before the commencement of the proceeding being interpreted.

LR 30.1 JURY DELIBERATIONS

Availability During Deliberations. Until a verdict is reached, and the jury

is discharged, the lawyers and the defendant must be readily available to the

court. When the jury begins to deliberate, the lawyers must advise the court

of where they can be located in the courthouse, or if they intend to leave the

courthouse, of a telephone number where they can be reached without delay.

A pro se defendant will be treated as counsel for purposes of this rule.

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Notification. If the jury has a question, or if some other issue arises during

jury deliberations, and the court determines the issue merits a conference

with the parties, the court will attempt to notify the lawyers. Defense counsel

is responsible for communicating any such notification to the defendant.

C. Proceedings. The nature of the proceedings concerning an issue arising during jury deliberations will be determined by the judge. Where the jury has a

substantive question, the judge will do the following:

1. Advise the lawyers of the jury=s question;

2. Ask the lawyers for suggestions on how to respond to the question;

3. Formulate a response, as warranted;

4. Allow the parties to make a record on the proposed response; and

5. Communicate the response to the jury in an appropriate manner.

LR 32.1 SENTENCING

Sentencing Motions. Unless otherwise permitted by the court, any request

that the court depart or vary from the advisory United States Sentencing

Guidelines range, either upward or downward, must be asserted in a written

motion stating with particularity the basis for the requested departure or

variance. A motion for departure or variance may be joined with a party's

sentencing memorandum.

Confidential Sentencing Documents. Whether filed by the U.S. Probation

Office or by the parties, documents relating to the sentencing process are

confidential and must not be distributed beyond the court and counsel

unless otherwise ordered by the court. Pretrial services reports and related

documents are also subject to these restrictions. Counsel or an employee of

counsel must review confidential pretrial services and sentencing documents

with their clients but may not provide copies to their clients. Clients may not

review these documents unless counsel or an employee of counsel is present

to ensure that the documents are not copied, photographed, retained, or

removed. These documents include, but are not limited to, presentence,

supplemental or predisposition reports; objections to such reports;

addendums to such reports; letters of support; victim impact statements;

evaluations; written allocution statements; and Rule 35 or U.S.S.G. 5K1.1

motions and materials.

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C. Procedure. After a guilty plea has been accepted or a guilty verdict is

received, a sentencing date will be set. Unless otherwise ordered, the

following deadlines apply:

The Probation Office must file the draft presentence report in CM/ECF

using the Draft Presentence Report event no later than 35 days before

sentencing.

After the draft presentence report is filed, the parties will have 14 days

to file and serve objections. Objections must be filed by counsel in

CM/ECF using the Objections to Presentence Report event. If counsel

has no objections, counsel must so indicate by using the Notice of No

Objections to Presentence Report event.

The Probation Office must file the final presentencing report in CM/ECF

using the Final Presentence Report event no later than 7 days before

sentencing using the Final Presentence Report event. An addendum

setting forth any unresolved objections, the grounds for those objections,

and the probation officer’s response must be filed in CM/ECF on the

same date using the Addendum to Final Presentence Report event.

Counsel must file all letters of support in CM/ECF using the Sealed

Letter(s) of Support event no later than 28 days after the Draft

Presentence Report is filed.

All other sentencing documents must be filed no later than 7 days before

sentencing as follows.

a. Motions for departure or variance or sentencing memoranda must be

filed by counsel in CM/ECF using the appropriate events under

Other Filings/Sealed Plea & Sentencing Related Documents.

b. The filer must manually serve a copy of sealed sentencing documents

on those case participants entitled to notice under the federal and

local rules per the CM/ECF User Manual and Administrative

Procedures. None of these documents should be submitted directly

to the Probation Office or the Court.

LR 41.1 SEARCH AND SEIZURE

Presentation. A search warrant application ordinarily should be presented

to a magistrate judge, but it may be presented to a district judge if no

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magistrate judge is reasonably available. If no federal magistrate or district

judge is reasonably available, a search warrant may be presented to a state

judicial officer.

Copies of the application, the proposed search warrant, and any supporting

affidavits must be delivered to the judge for his or her private review before a

request is made for the judge to sign the warrant. In an emergency situation,

the judge may waive this requirement.

Lawyer for Government. Ordinarily, a law enforcement officer presenting a

search warrant application to a judge should be accompanied by a lawyer for

the government. If justified by unusual circumstances, a judge may entertain

a search warrant application from an officer who is not accompanied by a

lawyer for the government.

C. Emergencies. In an emergency situation, a magistrate judge may be contacted away from the courthouse, including at his or her home, for purposes of

entertaining a search warrant application. If no magistrate judge is

reasonably available, a district judge may be contacted away from the

courthouse, including at his or her home, for purposes of entertaining a

search warrant application.

D. Initial Sealing of Search Warrant Documents. When a search warrant is

issued, a case is opened. The case is sealed until the warrant is returned; at

which time the case is unsealed unless otherwise ordered by the court.

LR 44.1 ATTORNEYS

Bar of the Court. The bar of this court consists of those attorneys admitted

to practice before this court.

Eligibility. Any person of good moral character who is an active member of

the State Bar of South Dakota is eligible for admission to the bar of this court

as hereinafter provided.

C. Procedure for Admission. An attorney who is eligible to practice law as

provided in section B of this rule may apply for admission to the bar of this

court. The application sequence is as follows:

1. The applicant must complete an application for admission.

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2. The applicant must consent to an inquiry concerning the applicant=s

fitness and qualifications for admission. Submission of a completed

application is consent and waiver of privacy regarding inquiry into the

applicant’s fitness and qualifications.

3. The clerk of court will make any inquiry that may be deemed necessary

to obtain information concerning an applicant=s fitness and qualifications

to practice law.

4. At least two active judges in this district must approve the application

before an applicant may be admitted. In the absence of two active district

judges, a senior judge may be the second approving judge.

5. The clerk of court will report to a district judge in the division in which

an application for admission is pending the approval or disapproval of

the active judges.

6. When an application is approved or disapproved, the applicant will be

notified.

7. An applicant approved for admission will be contacted by the court to

schedule the applicant=s admission ceremony.

8. Within six months of being approved for admission, an applicant must

appear for an admission ceremony with a member of this bar who will

vouch for applicant=s legal qualifications, integrity, and good moral

character. Upon oral motion of a member of the bar, taking the prescribed

oath of admission, signing an oath of admission, and paying the required

fee, the applicant will be admitted to the bar of this court. Upon

admission, the clerk of court will issue a certificate of admission to the

new bar member.

D. Oath of Admission. The following oath/affirmation will be administered to

an applicant for admission to the bar of this court:

I solemnly affirm that I will support and defend the Constitution of

the United States, that I will represent my clients conscientiously and

ethically, and that I will conduct myself uprightly and according to

law in proceedings in this court.

Appearance of Attorney Pro Hac Vice. An attorney who is not a member of

the bar of this court, but who is a member in good standing of the bar of

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another United States district court, may, upon motion and approval by the

court, participate in the conduct of a particular case. Such motion may be

allowed only if the applicant associates with a member in good standing of

the bar of this court as local counsel. Any prior or pending disciplinary

actions or actions resulting in sanctions against the attorney seeking

admission pro hac vice must be disclosed in the motion.

Local counsel must sign and file all documents and must continue in the

case unless another attorney admitted to practice in this court is substituted.

Local counsel must be present during all court proceedings (which include

telephone or video conference hearings) in connection with the case, unless

otherwise ordered, and must have full authority to act for and on behalf of

the client in all matters, including pretrial conferences, trial, and any other

hearings.

Attorneys for the United States and Federal Public Defender.

1. Resident Attorneys.

Regular Admission. Except as provided elsewhere by this rule, an

attorney who resides within this district and represents the United

States government or any agency or instrumentality thereof or the

Federal Public Defender=s Office must be admitted to the State Bar of

South Dakota before the attorney is permitted to practice before this

court.

Provisional Admission. An attorney who is a member of the bar of

another United States district court and has not yet been admitted

to the State Bar of South Dakota, but either is a:

(1) resident assistant United States attorney;

(2) resident attorney representing agencies of the United States

government; or

(3) resident assistant federal public defender has 12 months from the

date of the attorney=s oath of office for the position in South

Dakota to be admitted to the State Bar of South Dakota.

(4) If an attorney is on a term fellowship with the United States or

Federal Public Defender, that attorney may be admitted

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provisionally to practice before this court for the period of that

fellowship.

During this period, the attorney may be admitted provisionally to practice

before this court.

The procedure for provisional admission follows the procedure for admission

outlined in Section C of this rule, except that resident attorneys provisionally

admitted will not pay the required fee until they are admitted to the State

Bar of South Dakota, at which time the clerk of court will issue a certificate

of admission to the attorney.

Nonresident Attorneys.

The following nonresident attorneys may be admitted on the attorney’s

motion, without payment of fees, to practice in this court during the pendency

of the attorney’s employment, appointment, or designation if the attorney is

a member in good standing of the highest bar of any state or the District of

Columbia. An application for admission is not required.

An attorney designated as ASpecial Assistant United States

Attorney@ by the United States Attorney for the District of South

Dakota;

b. An attorney appointed by the Attorney General of the United States

or employed by a federal agency with independent litigation authority

to represent the interest of the United States government;

An attorney hired by the Federal Public Defender=s Office for the

District of South Dakota; or

An attorney employed by the Federal Public Defender=s Office for the

District of North Dakota.

A judge advocate of the armed forces of the United States representing

the United States government in proceedings supervised by judges of this

court is not subject to this rule.

G. Attorney Discipline.

Automatic Suspension. Any member of the bar of this court who has

been suspended or disbarred from the Supreme Court of the State of

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South Dakota or who has been convicted of any criminal offense in any

United States District Court will, upon appropriate notice from the clerk

of court, be suspended from practice before this court.

Discipline by this Court.

This court, independent of action taken by the Supreme Court of the

State of South Dakota, may disbar or suspend a member of the bar

of this court from practice for a definite time, or reprimand for good

cause shown, after opportunity has been afforded such member to

be heard.

An application for the disbarment or discipline of a member of the

bar of this court will be made to or before the chief judge of this

court unless otherwise ordered by the chief judge. At least two

district judges of this court will sit at the hearing of such application

unless the attorney against whom the disbarment or disciplinary

proceeding is brought states in writing or in open court the

member=s willingness to proceed before one district judge.

If an investigation is necessary, the chief judge, with the approval of

a majority of the district judges, will appoint a member of the bar

(hereinafter referred to as Ainvestigator@) to investigate charges

against any member of this bar. If, as a result of the investigation,

the investigator will be of the opinion that there has been a breach

of professional ethics by a member of this bar, the investigator, as

an officer of the court having special responsibilities for the

administration of justice, will file and prosecute a petition requesting

that the alleged offender be subjected to appropriate discipline,

including disbarment, suspension, or reprimand. The investigator

will be paid from the pro hac vice fund.

Disciplinary Record. The clerk of court keeps a separate attorney

discipline docket. Orders of disbarment, suspension and public

reprimand are a matter of public record. All other documents, hearings

and records required under the provisions of this Rule will not be publicly

disclosed or made available for use in any other proceeding, except upon

order of this court.

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H. Reinstatement of Disbarred and Suspended Attorneys.

An attorney who has been disbarred or suspended in this court may

petition for reinstatement at any time. Upon the filing of such petition

with the clerk of court, the chief judge may appoint an investigator and

may enter an order setting a date for the hearing on said petition on

providing at least 21 calendar days’ notice. An attorney may be reinstated

without a hearing upon a unanimous vote of all district judges who desire

to participate in such determinations.

Any investigator appointed will investigate the facts alleged in the petition

for reinstatement and will present to the court, in affidavit form or

otherwise, any facts in support of or against the granting of said petition.

Two district judges of this court will sit at the hearing on said petition,

and the order denying or granting reinstatement will be made in writing

by said judges.

An attorney who has been disbarred or suspended by the Supreme Court

of the State of South Dakota and thereafter reinstated by that court to

practice in the state courts will not be permitted to practice in this court,

notwithstanding such reinstatement, until a petition for reinstatement

as prescribed in section 1 above, incorporating a certified copy of the

order of reinstatement by the Supreme Court of the State of South

Dakota, has been filed in this court and reinstatement ordered after a

hearing as above provided. The hearing may be waived by the attorney

with the consent of the court.

Law Students.

Student Practice. Any law student acting under a supervising attorney

will be allowed to make an appearance and participate in proceedings in

this court pursuant to these rules.

Eligibility. To be eligible to appear and participate, a law student must:

Be a student in good standing in a law school approved by the

American Bar Association.

Have completed legal studies amounting to four semesters or the

equivalent if the law school is on some basis other than a semester

basis.

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File with the Clerk of court:

(1) A certificate by the dean of the law school that he or she is of

good moral character and meets the requirements of rule 44.1

I.2 and is qualified to serve as a legal intern. The certificate

should be in a form prescribed by the court.

(2) A certificate by the law student stating that he or she has read

and agrees to abide by the rules of the court, and all applicable

codes of professional responsibility and other relevant federal

practice rules. The certificate should be in a form prescribed by

the court.

(3) A notice of appearance must be filed in each case in which he

or she is participating or appearing as a law student. The

notice must be signed by a supervising attorney who is a

member of the bar or this court.

Be introduced to the court in which he or she is appearing by an

attorney who is a member of the bar of this court.

Certificate of Admission. Upon the completion and filing of the

certificates required by these rules, the clerk of court will issue a

certificate of admission to the law student in a form prescribed by the

court. This certificate expires contemporaneously with the expiration

date of the dean=s certificate unless it is sooner withdrawn. Any law

student=s certificate of admission may be terminated at any time by the

court without notice or hearing and without any showing of cause.

Restrictions. No law student admitted under these rules will:

a. Request or receive any compensation or remuneration of any kind

from the client. This will not prevent the supervising attorney, law

school, public defender, or the government from paying

compensation to the law student, nor will it prevent any agency from

making such charges for its services as it may otherwise properly

require.

b. Appear in court without the presence of the supervising attorney.

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File any documents or papers with the court that he or she has

prepared which have not been read, approved, and signed by the

supervising attorney.

Supervising Attorneys. Any person acting as a supervising attorney

under this rule must be a member of the bar of this court and must:

a. Assume personal professional responsibility for the conduct of the

law student being supervised.

b. Sign all pleadings and other papers prepared by the law student.

Advise the court of the law student=s participation, always be present

with the student in court and be prepared to supplement oral or

written work of the student as requested by the court or as

necessary to ensure proper representation of the client.

d. Be available for consultation with the client.

LR 47.1 MOTIONS

Discovery Motions. Before filing a discovery motion, the certification

required under D.S.D. Crim. LR 16.1 must be met.

Motions to Seal. Any motion seeking the sealing of pleadings, motions,

exhibits, or other documents to be filed in the court record must include (1)

proposed reasons supported by specific factual representations to justify the

sealing, and (2) an explanation why alternatives to sealing would not provide

sufficient protection. A motion to seal and the documents to which the motion

refers must be filed consistent with the CM/ECF User Manual and

Administrative Procedures found at www.sdd.uscourts.gov.

C. Required Written Brief. With every motion raising a question of law, except

oral motions made during a hearing or trial, the movant must serve and file

a brief containing the movant=s legal arguments, the authorities in support

thereof, and the Federal Rule of Criminal Procedure on which the movant

relies. Motions in limine and supporting arguments and authorities may be

filed as one document. On or before 7 calendar days after service of a motion

and brief, unless otherwise specifically ordered by the court, all opposing

parties must serve and file a responsive brief containing opposing legal

arguments and authorities in support thereof. The movant may file a reply

brief within 4 calendar days after service of the responsive brief.

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1. Page Limitation on Briefs. Briefs must not exceed 25 pages excluding

table of contents and/or authorities, certificate of service, if applicable,

and attachments unless prior approval has been obtained from the court.

2. Attachments. A party will submit as exhibits or attachments only those

excerpts of the referenced document that are directly germane to the

matter under consideration by the court. Excerpted material should be

clearly and prominently identified as such. Highlighting or underlining

relevant portions is encouraged. Parties who file excerpts of documents

as exhibits or attachments under this rule do so without prejudice to their

right to timely file additional excerpts. Responding parties may file

additional excerpts that they believe are directly germane. The court may

require parties to file additional excerpts or the complete document.

LR 49.1 SERVING AND FILING DOCUMENTS INCLUDING HIGHLY

SENSITIVE DOCUMENTS

What constitutes filing/official record. Electronic transmission of a

document to the Electronic Filing System together with the transmission of

a Notice of Electronic Filing from the court constitutes filing of the document

for all purposes of the local rules of this court and the Federal Rules of Civil

Procedure and constitutes entry of the document on the docket kept by the

clerk of court under Fed. R. Civ. P. 58 and 79. When a document has been

filed electronically, the official record is the electronic document as stored by

the court and is deemed filed at the date and time stated on the Notice of

Electronic Filing from the court. The party filing the document is bound by

the document as filed.

What constitutes an electronic signature. In addition to the requirements

contained in Rule 49(b)(4) of the Federal Rules of Criminal Procedure, the

name of the filing user under whose login and password the documents are

submitted must be preceded by a “/s/” and typed in the space where the

signature would otherwise appear unless a facsimile of the filing user’s

signature appears in the signature block.

C. Duty to protect login and password. No filing user or other person may

knowingly permit a filing user’s login and password to be used by someone

other than an authorized agent of the filing user. If they learn that their

password has been compromised, they must immediately notify the clerk.

Attorneys may be subject to sanctions for failure to comply with this

provision.

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D. Documents requiring the signature of more than one party. Documents

requiring signatures of more than one party may be electronically filed either

by (a) submitting a scanned document containing all necessary signatures;

or (b) in any other manner approved by the court. When filing documents

that require signatures from other parties, it is not permissible to insert a

“/s/” for another person s signature.

Restricted Hyperlinks. Because a website address within a court filing

becomes a hyperlink to the internet location upon filing in the CM/ECF

system, counsel must redact from any filed documents any website address

that directs the court to a website that contains pornography or personal

identifiers. After filing the redacted document, counsel must provide an

unredacted version to the clerk of court for filing under seal.

Filing Documents outside of CM/ECF. Highly sensitive documents

may be filed outside of the court’s Electronic Filing System.

1. Highly Sensitive Documents. A Highly Sensitive Document (HSD) is a

document or other material that contains sensitive, but unclassified,

information that warrants exceptional handling and storage procedures to

prevent significant consequences that could result if such information

were obtained or disclosed in an unauthorized way. Although frequently

related to law enforcement materials, especially sensitive information in a

civil case could also qualify for HSD treatment.

a. Examples of HSDs: Examples include ex parte sealed filings

relating to: national security investigations, cyber investigations,

and especially sensitive public corruption investigations; and

documents containing a highly exploitable trade secret, financial

information, or computer source code belonging to a private entity,

the disclosure of which could have significant national or

international repercussions.

b. Exclusions: Most materials currently filed under seal do not meet

the definition of an HSD and do not merit the heightened

protections afforded to HSDs. The form or nature of the document,

by itself, does not determine whether HSD treatment is warranted.

Instead, the focus is on the severity of the consequences for the

parties or the public should the document be accessed without

authorization. Most presentence reports, pretrial release reports,

pleadings related to cooperation in criminal cases, social security

records, administrative immigration records, applications for

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search warrants, interception of wire, oral, or electronic

communications under 18 U.S.C. § 2518, and applications for pen

registers, trap, and trace devices would not meet the HSD

definition.

Any dispute as to whether a document is an HSD will be resolved

by the presiding judge or, when no presiding judge is

assigned, the Chief Judge.

2. Motion Required. A represented or pro se party must file a motion to treat

a document as an HSD and a proposed order in the same manner as a

motion to file under seal pursuant to D.S.D. Civ. LR 7.1 A and Crim. LR

47.1 B. The motion and proposed order must state the duration of the HSD

designation or whether the HSD designation should be permanent. The

motion must explain why the proposed document constitutes an HSD

under paragraph F.1 or why it should otherwise be filed without revealing

the highly sensitive information contained within the HSD.

a. The filing party must deliver to the clerk’s office where the

presiding judge is chambered two paper copies of the motion and

HSD sought be filed along with a certificate of service. These

documents must be submitted in a sealed envelope marked

“HIGHLY SENSITIVE DOCUMENT” and marked with the

applicable case number, attorney’s name, street address,

telephone number, and email address. Upon receipt, the clerk’s

office will make an informational docket entry that a motion to

treat a document as an HSD has been filed.

b. Unless being submitted as an ex parte filing, the filing party must

serve the proposed HSD on the other parties by any manner

specified in Criminal Rule 49(a), except for service via the court’s

Electronic Filing System.

If the court grants the motion, an informational entry will be made

on the case docket indicating that the HSD has been filed with the

Court. The clerk’s office will maintain the HSD in a secure paper

filing system or a secure standalone computer system that is not

connected to any network.

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3. Service of HSD Orders. The clerk’s office will serve paper copies of

the order on the parties via mail.

LR 49.1.1 PRIVACY PROTECTION FOR FILINGS MADE WITH THE COURT

A. Pursuant to the E-Government Act of 2002, parties must refrain from

including, or must partially redact where inclusion is necessary, the following

personal data identifiers from all pleadings and documents filed, including

exhibits thereto, unless otherwise ordered by the court:

1. Social Security numbers. Only the last four digits of that number should

be used.

2. Name of an individual known to be a minor. Only the initials of the

minor should be used.

3. Dates of birth. Only the year should be used.

4. Financial account numbers. Only the last four digits of these numbers

should be used.

5. Home addresses. Only the city and state should be used.

B. After filing a document redacted consistent with Fed. R. Crim. P.49.1, a party

may submit for filing under seal an unredacted copy of the document. Any

such filings must contain a cover sheet stating the following: ADocument filed

under seal pursuant to the E-Government Act.@

C. The responsibility for redacting personal identifiers rests solely with counsel

and the parties. The clerk of court will not review each filing for compliance

with this rule.

D. Personal Data Identifiers in Charging Documents

1. The clerk of court will file indictments under seal to prevent public

disclosure of the identity of the foreperson of the grand jury. The attorney

for the government must provide the clerk=s office with a redacted version

of the indictment in which the name of the foreperson is omitted. If the

indictment includes personal data identifiers, the attorney for the

government must also provide the clerk=s office with a redacted version of

the indictment that omits both personal data identifiers and the name of

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the foreperson. The clerk=s office will file a redacted version of the

indictment in addition to the sealed original.

2. Personal data identifiers may be included in informations and complaints

if necessary, to comply with the requirements of federal law. If personal

data identifiers are included, the attorney for the government must provide

the clerk=s office with a redacted version of the information or complaint

along with the original. The original will be filed under seal to prevent

public disclosure of the personal data identifiers.

3. In all other instances charging documents will be filed under seal only

upon motion of the government and order of the court.

LR 57.1 RELEASE OF INFORMATION BY COURTHOUSE

PERSONNEL IN CRIMINAL CASES

All courthouse personnel, including marshals, deputy marshals, deputy court

clerks, court security officers, interpreters, and court reporters, are prohibited

from disclosing to any person, without authorization by the court, information

relating to a pending criminal case that is not part of the public records of the

court including ex parte documents. Specifically forbidden is the divulgence of

information concerning arguments and hearings held in chambers, at side bars

or otherwise outside the presence of the public.

LR 57.2 AVAILABILITY OF ELECTRONIC RECORDINGS

If a proceeding has been recorded electronically and the electronic recording

constitutes the official record, the clerk of court will arrange, upon the request of

any party, to have a transcript prepared from the electronic recording. The

requesting party will be responsible for any costs associated with producing a

transcript in accordance with the directives of the Administrative Office of the

United States Courts. Recordings will not be released to parties or the public.

LR 57.3 EXHIBITS

A. Marking of Exhibits. Exhibits in criminal trials and hearings must be

marked in accordance with instructions from the court.

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B. Electronically Filing Documentary Exhibits.

1. By the Clerk. At the conclusion of a trial or other court proceeding, the

Clerk of Court will electronically file all documentary exhibits offered

and/or received in CM/ECF. The exhibits electronically filed by the Clerk

will be restricted to court users and case participants. After filing,

the

Clerk will return documentary exhibits to the offering party.

2. By the Parties. The parties will have twenty-one (21) days to review their

returned documentary exhibits to determine whether redactions are

required pursuant to D.S.D. Crim. LR 49.1.1.

Redactions required. If redactions are required, the offering party

must electronically file all of its documentary exhibits, including

redacted exhibits and exhibits that do not require redaction in

CM/ECF. This requirement does not apply to exhibits that were

sealed when offered and/or received.

Redactions not required. If no redactions are required, the Clerk

will remove the restrictions and enter a Notice of Unrestricting

Trial/Hearing Exhibits in CM/ECF.

Sealing. If a party moves to seal documentary exhibits after a

hearing or trial has concluded and the motion is granted, the

movant is responsible for refiling public exhibits.

C. Physical Exhibits. Physical exhibits, including recordings, will be returned

to the offering party at the conclusion of a trial or other proceeding for

retention and preservation. This includes all physical exhibits submitted to

the clerk even those not used at trial or in a hearing.

1. Duty to Retain. When physical exhibits are returned, they must be

retained by the offering party, who will maintain and document the chain

of custody, and make the exhibits available to the court, if necessary,

and to other parties for use in preparing an appeal.

2. Duty to Preserve. Returned physical exhibits must be preserved in an

unaltered condition until at least 120 calendar days after the resolution of

any appeal to allow for the filing of a writ of certiorari under Rule 13 of the

Rules of the Supreme Court of the United States. Before such exhibits may

be destroyed, the custodial party must seek and obtain a court order

authorizing destruction.

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D. Exhibits Necessary for Appeal. Consistent with the Eighth Circuit’s local

rule on exhibits, the offering party is responsible for ensuring any non-public

exhibits or physical exhibits necessary for an appeal are submitted to the

appellate court.

LR 57.4 WITHDRAWAL AND SUBSTITUTION OF COUNSEL

A. In General. An attorney of record in a case may be permitted to withdraw

from representation as counsel of record only by order of the court, or as

otherwise provided herein. This does not apply to situations where withdrawal

results in continued representation by the same firm or organization.

B. Withdrawal With Substitution. Leave of court is not required where a notice

of withdrawal is accompanied by a substitution of counsel, provided that said

substitution takes place 30 or more days in advance of trial, the substitution

contains a certificate by substituted counsel, and the substitution will not

delay the trial or other progress of the case. The notice of withdrawal and

substitution must set forth the name and address of the substituted and

withdrawing counsel. Withdrawal under this section will be effective upon

filing a notice of withdrawal and substitution. Notice of withdrawal must be

provided to the client by the withdrawing attorney.

C. Withdrawal Without Substitution. Withdrawal without substitution may be

granted only upon motion, for good cause shown. Notice of the motion must

be provided to the client by the withdrawing attorney.

LR 57.5 RECORDING AND CELLULAR DEVICES

Except by permission of the presiding judge, no person will photograph,

videotape, televise, broadcast, or record, or cause to be photographed, videotaped,

televised, broadcast, or recorded any courtroom proceeding, including

proceedings of the grand jury. No person will take any photographic, videotape,

television, or sound recording equipment into (1) any courtroom except upon the

express permission of the presiding judge, or (2) any jury room, or (3) any corridor

on the floor on which a courtroom or jury room is located. This paragraph does

not apply to (1) the official court reporter who may use a voice-recording device

in connection with his or her official duties, or (2) the use of electronic means for

the presentation of evidence or the perpetuation of the record as authorized by

the court.

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Cellular phones and electronic devices may be brought into courthouses in the

United States District Court for South Dakota unless the presiding judge places

restrictions on these devices. All cellular and electronic devices must be turned

off in the courtroom and any corridor on the floor on which a courtroom or jury

room is located unless specifically authorized by order of the court. Cellular and

electronic devices are devices capable of communicating, transmitting, receiving,

or recording messages, images, sounds, data, or other information by any means,

including but not limited to, a computer tablet, cell phone, or Bluetooth device.

Individuals who bring such devices into courtrooms may be asked by court

security personnel to demonstrate that the device is turned off. Members of the

Bar and employees of members of the Bar are exempt from this provision.

Use of any camera or sound recording devices in a courtroom or any corridor on

the floor on which a courtroom or jury room is located is prohibited unless

specifically authorized by order of the court.

However, an electronic device that is essential to a person’s health or welfare

(such as an insulin pump) may remain on in the courtroom.

News media personnel who possess recording devices will be allowed entry into a

court facility, provided the news media personnel are escorted through the

building by a representative of the tenant agency being visited. If no tenant

representative is available, entry with the recording devices will be denied. In

courthouses where jury and grand jury facilities are located contiguous to public

access corridors, news media personnel will not be allowed to possess recording

devices on the floors housing the jury and grand jury facilities during jury

deliberations or grand jury sessions.

Photographic, videotape, television, and sound recording devices are permitted in

courtrooms and in adjacent corridors for naturalization ceremonies, investitures,

attorney admissions, and other ceremonial functions unless specifically

prohibited by the court.

LR 57.6 IDENTIFICATION

A. Caption. A pleading or other paper presented for filing must begin with the

caption of the case, the title of the document, and the name of the party filing

the document. All papers presented after the charging document must bear

the file number assigned to the case.

B. Signature Block. All papers must be signed and include the typed or printed

name, address, telephone number, and email address of the signer beneath

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the signature. This information must not appear as a header or footer on each

page of the document, or as part of the caption of the case.

LR 57.7 TRIAL APPEARANCE

Absent extraordinary circumstances, every defendant in a criminal case may wear

civilian clothing during a trial. Civilian clothing should be provided to the United

States Marshal Service each morning of trial by the defendant’s attorney. The

United States Marshal Service will take appropriate measures to ensure jurors do

not observe the defendant in shackles in or out of the courtroom.

LR 57.8 PAYMENTS PRIOR TO ENTRY OF JUDGMENT

The Clerk of Court may accept special penalty assessment, restitution and fine

payments prior to entry of a judgment and commitment in criminal cases.

Restitution funds should be held in the deposit fund until further order of the

court.

LR 57.9 FORM OF PAPERS

A. In General. All documents must be on 82 x 11-inch paper. The text must be

double-spaced, but quotations more than two lines long must be indented

and single-spaced. Headings and footnotes must be single-spaced. Margins

must be at least one inch on all four sides. Fonts must be at least 12-point.

Papers not in the required form may not be filed without leave of the court.

Exhibits attached to documents must, if feasible, be similarly typewritten,

printed, or otherwise reproduced in clear, legible, and permanent form.

B. Redactions. If it is necessary to redact documents produced pursuant to

discovery and/or filed with the court, redactions must be made in black,

making it clear that information was removed.

LR 57.10 ACCESS TO CRIMINAL DOCUMENTS

A. Purpose. In order to protect the safety of federal defendants and the integrity

of ongoing investigations and related prosecutions, access to

certain

criminal documents and transcripts is restricted.

B. Sealed or Restricted Documents. The court’s intent is to make it impossible

to determine from examining the record whether a defendant or other witness

did or did not cooperate with the government. To implement this intent, the

following documents are sealed or otherwise restricted:

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1. Plea Agreement Supplements. Every plea agreement will include a sealed

supplement that either identifies any agreements the defendant has with

the government regarding cooperation or states that there is no

cooperation.

2. Sentencing Memorandums and Motions for Departure/Variance.

3. Restricted Change of Plea or Sentencing Transcripts. Every transcript

of a change of plea or sentencing hearing will contain a confidential

section or reference thereto so that cooperation or the lack thereof may

be discussed. If a transcript is prepared, the court reporter or

transcriptionist will prepare two versions: a restricted transcript and a

public transcript.

The restricted transcript will include the confidential section.

Only the Government and counsel for the defendant will have

access to restricted transcripts.

The public transcript will include the following reference:

Pursuant to D.S.D. Crim. LR 57.10, portions of all change of

plea and sentencing transcripts are restricted.

C. Access to Sealed or Restricted Documents.

1. Attorneys and others. Federal court officers or employees (including

probation officers and federal public defender staff), retained counsel,

appointed CJA panel attorneys, and any other person in an attorney-client

relationship with a defendant may, consistent with this rule, review any

sealed or restricted portions of the file with their client, but may not

provide copies.

2. Inmates. When an inmate requests copies of sealed or restricted

documents from his/her criminal file, copies will be forwarded to the

warden of the appropriate institution, along with a copy of this rule.

Inmates may review their documents in an area designated by the warden.

Sealed or restricted documents may not be retained by the inmate, nor

reviewed in the presence of another inmate.

3. Post Sentencing Non-Custodial Defendants. Any defendant whose case

is concluded and is not in custody must obtain a court order to receive

copies of restricted documents.

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D. Serving Restricted or Sealed Documents. If the Clerk of Court or a party

need to serve sealed or restricted documents on an inmate, they must follow

the procedure outlined in Section C.2 of this rule.

LR 57.11 MAGISTRATE JUDGE DUTIES

A. General Designation. In every criminal case, the court designates the

magistrate judge assigned to the case to perform the following duties

authorized by 28 U.S.C. § 636:

1. Hear and determine any pretrial matter pending before the court, except a

motion to dismiss or quash an indictment or information by the defendant,

or to suppress evidence in a criminal case;

2. Conduct hearings, including evidentiary hearings, and submit to the

district judge proposed findings and recommendation for the disposition

of:

(a)

dispositive pretrial matters such as to dismiss or quash an

indictment or information by the defendant, or to suppress

evidence in a criminal case;

(b)

applications for posttrial relief made by individuals convicted

of criminal offenses.

3. In accordance with 18 U.S.C. § 3401, with respect to misdemeanors

committed within the district:

(a)

try a defendant accused of, and sentence a defendant convicted

of, a petty offense (Infractions, Class C misdemeanors, and

Class B misdemeanors); and

(b)

with the defendant’s consent, try a defendant accused of, and

sentence a defendant convicted of non-petty offenses (Class A)

misdemeanors.

4. Conduct hearings to modify, revoke, or terminate supervised release,

including evidentiary hearings, and submit to the district judge proposed

findings of fact and recommendations for such modification, revocation,

or termination by the district judge.

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5. Serve as a special master upon consent of the parties in civil cases.

6. Preside over allocution and change of plea proceedings in felony criminal

cases upon consent of the parties and submit to the district judge

proposed recommendations for de novo review.

B. Specific Designation. The district judge assigned to a case may specifically

designate a magistrate judge to perform any of the duties authorized by 28

U.S.C. § 636(b). In performing the designated duties, the magistrate judge

must conform to the Local Rules and the instructions of the district judge.

LR 57.12 COURT SECURITY OFFICER DUTIES

When a petit jury has been selected but before deliberations begin, court security

officers shall, upon request, escort jurors outside the building provided they

remain on courthouse property.

When a petit jury is sequestered to begin deliberations, court security officers

shall collect and secure all cellphones and other electronic devices belonging to

jurors until such time as the jury has reached a verdict, at which time such

devices shall be returned to their owners.

LR 57.13 FORMER LAW CLERKS

An attorney who is a former law clerk to a judge of this Court is prohibited from

acting as counsel of record in a case assigned to that judge or otherwise

appearing before that judge (a) at any time in any case that was assigned to that

judge during the former clerk’s tenure with the judge, and (b) in any case for a

period of one year following the termination of the law clerk’s services.

LR 58.1 SCHEDULE OF FINES

Pursuant to Fed. R. Crim. P. 58(d)(1), the court has, by standing order, fixed sums

which may be accepted in lieu of appearances in cases of petty offenses, as defined in 18 U.S.C. ' 19. All schedules presently in effect are adopted.

2/28/2025

United States Courts

Judicial Council of the Eighth Circuit

Thomas F. Eagleton United States Courthouse

111 South 10th Street - Suite 26.325

St. Louis, Missouri 63102-1116

Millie B. Adams

Circuit Executive

Voice (314) 244-2600

Fax (314) 244-2605

www.ca8.uscourts.gov

EIGHTH CIRCUIT JUDICIAL COUNCIL

ORDER

I hereby certify that the United States District Court for the District of South Dakota has

furnished amended civil and criminal local rules to the Judicial Council, in accordance with 28

U.S.C. § 207 1(d). The Local Rule amendments have been reviewed by the Judicial Council, and

it has determined to take no action with respect to the amended rules. The rules, therefore, become

effective as of the date of this order, in accordance with 28 U.S.C. § 2071(c)(l), Fed. R. Civ. P.

83(a)(l), and Fed. R. Crim. P. 57(c).

!Z~4,t&~~

Millie B. Adams

Circuit Executive

St. Louis, Missouri

February 24, 2025

cc:

Judicial Council Members

Chief Judge Roberto A. Lange

Matthew W. Thelen, Clerk of Court

Review was undertaken by the Rules Committee.

JCO 3440

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.