Southern District posts rule amendments effective Dec. 1

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Numerous minor rule changes effective Dec. 1 have been made available by the U.S. District Court for the Southern District of Indiana. The rule changes deal with appearances and substitution of counsel, continuances in criminal cases, grand jury processes and other matters.

One of the most significant changes is Local Criminal Rule 7-1, which is now renumbered 12-1. That rule, governing requests for continuances in criminal cases, is amended to state that a motion for a continuance “must set forth its conformity with the Speedy Trial Act, 18 U.S.C. § 3161 et seq.”

Other changes include:

Local Criminal Rule 1-1, Bail in Criminal Cases, is deleted.

  • A new section is added to Local Rule 83-7, Appearance and Withdrawal of Appearance, to permit a filing of a notice of substitution of counsel when the new attorney is from the same firm, agency, organization or office as counsel of record for a party.
  • Local Rule 41.1, Dismissal of Actions for Failure to Prosecute, is rescinded “to enhance judicial discretion pursuant to the court’s inherent power as recognized in case precedent.”
  • Local Criminal Rule 10-1 governing grand juries is renumbered to Rule 6-1, and several technical amendments are made to the assignment and handling of grand jury cases and pre-indictment challenges.

The complete list of amended rules may be viewed here.

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