District Local Rule Crim 1.1 (Criminal)
Print PDF

SCOPE

a)  Title and Citation. These rules shall be known as the Local Rules of Criminal Practice before the United States District Court for the District of Idaho. They may be cited as “Dist. Idaho Loc. Crim. R. _____.”

b)  Effective Date. These rules became effective on January 1, 2007. Any amendments to these rules become effective on the date approved by the Court.

c)  Scope of Rules. These rules shall apply to all criminal proceedings in the District of Idaho.

d)  Relationship to Prior Rules; Actions Pending on Effective Date. These rules supersede all previous local rules promulgated by this Court or any judge of this Court. They govern all applicable proceedings brought in this Court after they take effect. They also apply to all proceedings pending at the time they take effect, except to the extent that their application is not feasible or will work an injustice, in which event the former rules shall govern.

e)  Rule of Construction and Definitions.

1)  Title 28, United States Code, Section 2071, shall, as far as applicable, govern the construction of these rules.

2)  The following definitions shall apply:

A)  Court.” As used in these rules, the term “Court” refers to the United States District Court of the District of Idaho, the entire Board of Judges for the District of Idaho, or to a judge or magistrate judge of the Court before whom a proceeding is pending unless the rule expressly refers to a district judge only or to the full Court.

B)  Clerk.” As used in these rules, the term “Clerk” refers to the Clerk of Court or any deputy clerk designated by the Clerk of Court to act in the capacity of the Clerk.

f)  Applicability of Local Rules of Civil Practice. All general provisions of the Local Rules of Civil Practice apply to criminal proceedings unless such provisions are in conflict with or are otherwise provided for by the Federal Rules of Criminal Procedure or the Local Rules of Criminal Practice.


RELATED AUTHORITY

28 U.S.C. § 2071 and Fed. R. Crim. P. 57