Clerk`s Office Information

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
FISCAL YEAR 2014
SHUTDOWN ORDER
IMPACT OF BUDGET CRISIS ON THE EDNC
FY 2010 – FY 2013
ALLOTMENT RECEIVED
 SALARIES: -18.50 %
 CAPITAL GOODS: - 37.80 %
 TENANT ALTERATIONS: -100 %
 CYCLICAL MAINTENANCE: -100 %
 AUTOMATION: -57.34 %
LOCAL CRIMINAL RULE 44.1
APPEARANCE OF COUNSEL IN CRIMINAL CASES
(a) Obligation to Notify the Court. A defendant who does not apply for representation
at government expense, or who is deemed ineligible after application, must
inform the court of the identity of retained counsel within 14 days of his/her first
appearance before a judicial officer in this district. Retention of counsel outside
this period will constitute grounds for a continuance of pretrial proceedings or
trial unless the defendant demonstrates due diligence in attempting to retain
counsel.
(b) Notice of Appearance. Counsel representing a defendant in a criminal action
shall file a Notice of Appearance with the clerk and serve the U.S. Attorney and
other counsel with a copy. The NOA should contain the attorney’s name and the
name of the attorney’s law firm, phone #, and state bar #. The attorney shall also
file contemporaneously a corporate affiliate/financial disclosure statement in
accordance with Fed. R. Crim. P. 12.4 and Local Criminal Rule 12.3.
NOTICE OF APPEARANCE
INCORRECT NOA
CORRECT NOA
NOTICE OF APPEARANCE IN A
SEALED CASE
FILE MANUALLY WITH THE CLERK’S
OFFICE AS SOON AS POSSIBLE
WITHDRAWAL OF COUNSEL
LOCAL CRIMINAL RULE 57.1( G)
(g) Withdrawal of Appearance.
No attorney or law firm whose
appearance has been entered
shall withdraw his or her
appearance or have it stricken
from the record except with leave
of the court. However, if an
attorney within the same firm
replaces counsel for a party, the
new attorney may file a notice of
substitution of counsel and the
court will substitute the attorneys
without order of the court.
DOES MY CLIENT NEED AN INTERPRETER?
HOW DO YOU PLEAD?
À¯ÁËÀÎÁö ¹«ÁË
Culpable o inocente
Winny czy nie winny
Guilty or not guilty
Виновным или невиновным
Schuldig oder unschuldig
CHARACTER LETTERS
What are the judge’s practice preferences?
CHARACTER LETTERS – PREFERENCES
• Chief Judge Dever: submit 7 days before sentencing by mail or
email to the case manager, Crystal Jenkins
• Judge Boyle: no preferences
• Judge Flanagan: submit 7 days before sentencing by email to the
case manager, Susan Tripp
• Judge Britt: submit the Thursday prior to sentencing by mail or
email to the case manager, Keah Marsh; 10 -page limit
• Judge Fox: no preferences
• Judge Howard: fax or mail to chambers directly the Wednesday
prior to the term of court
EXAMPLE
“Enclosed (or attached) please find two
reference letters for Defendant Adams who
will come before Judge Flanagan for
sentencing on January 1, 2014, at 1:30 p.m.
An index for the letters is included.”
WAIVERS OF DETENTION
The magistrate judges are allowing waivers of
detention prior to court so that a court
appearance is not necessary.
HAVE I DOCKETED THE MOTION CORRECTLY?
BE CAREFUL ABOUT CUT AND PASTE
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