Southern District to adopt rule amendments Dec. 1

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Proposed changes to local rules of the U.S. District Court for the Southern District of Indiana have been approved and will go into effect next month.

Several rules were deleted in their entirety, including:

  • Local Criminal Rule 1-1, Bail in Criminal Cases
  • Local Criminal Rule 9-1, Processing of Cases in Division Without a Resident Judge
  • Local Criminal Rule 57-1, Public Access to Criminal Case Information

Additionally, Local Rule 1-1, Scope of the Rules, has been amended to include language in subparagraph (b) that the rules “also govern all criminal cases except where they are inconsistent with the local criminal rules.”

Subparagraph (c) of Local Rule 5-7, Signatures in Cases Filed Electronically, was deleted in its entirety, and subparagraph (d) was renamed to (c).

Local Rule 83-7 now includes subparagraph (c), which deals with the substitution of counsel.

Local Criminal Rule 2-1, Standard Orders in Criminal Cases, will be renumbered to 7-1. Similarly, Local Criminal Rule 3-1, Provisions for Special Orders in Appropriate Cases, will be renumbered as 53-1 and also includes new language stating that, “Unless otherwise permitted by law and ordered by the court, all criminal proceedings will be held in open court and will be available for attendance and observation by the public.”

Other local criminal rules being renumbered include:

  • Rule 4-1, Release of Information by Court Supporting Personnel, to 53-2
  • Rule 5-1, Release of Information by Attorneys in Criminal Cases, to 53-3
  • Rule 6-0, Petitions for Habeas Corpus Motions Pursuant to 28 U.S.C. Sections 2241, 2254 and 2255 by Persons in Custody, to 38-1
  • Rule 7-1, Continuance in Criminal Cases, to 12-1
  • Rule 8-1, Assignment of Related Cases, to 12-2
  • Rule 10-1, The Grand Jury, to 6-1
  • Rule 11-1, Records Relating to Presentence Reports and Probation Supervision, to 32-1
  • Rule 13-1, Sentencing Procedure, to 32-2

Other amended rules in Local Criminal Rule 49-1, Local Criminal Rule 49.1-2 and Local Criminal Rule 58-1.

The adopted rule changes will go into effect Dec. 1. A complete list of the amended rules can be read on the court’s website. 

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