scheduled within ten (10) days or prior to expiration of the temporary
restraining order under Rule 65(b), Fed.R.Civ.P.
(6) If a temporary restraining order is denied; and if the reason for the denial
would not, as a matter of law, also preclude the issuance of a preliminary
injunction; and if the moving party desires to pursue the request for a
preliminary injunction; then the requirements of the preceding paragraph (5),
and the remaining provisions of this rule, shall apply to the same extent as if
a temporary restraining order had been issued.
5/31/06 4 – 7
RULE 4.06 PRELIMINARY INJUNCTIONS
(a) A preliminary injunction may not be issued absent notice (Rule 65(a)(1),
Fed.R.Civ.P.), which must be given at least five (5) days in advance of the hearing (Rule 6(d),
(b) All hearings scheduled on applications for a preliminary injunction will be limited in
the usual course to argument of counsel unless the Court grants express leave to the contrary in
advance of the hearing pursuant to Rule 43(e), Fed.R.Civ.P. In order to develop a record and the
positions of the parties in advance of the hearing, the following procedure shall apply:
(1) The party applying for the preliminary injunction shall fully comply with the
procedural requirements of Rule 4.05(b)(1) through (b)(5) of these rules
pertaining to temporary restraining orders.
(2) Service of all papers and affidavits upon which the moving party intends to
rely must be made at least five (5) full days prior to the hearing (Rule 6(d),
(3) The party or parties opposing the application must file with the Clerk’s Office,
and deliver to the moving party, all counter or opposing affidavits, and a
responsive brief, not later than the close of business on the day preceding the
day of the hearing (Rule 6(d), Fed.R.Civ.P.).
(4) Lengthy briefs, affidavits and other papers are counterproductive and should
be avoided. If the parties desire additional time to prepare, and so stipulate
in writing, the scheduled hearing may be postponed and the temporary
restraining order (if one has been issued) will be extended as provided in
Rule 65(b), Fed.R.Civ.P. In the event the hearing is postponed, any
additional papers must be filed in advance of the re-scheduled hearing
according to the time periods specified in paragraphs (2) and (3) above (as
required by Rule 6(d), Fed.R.Civ.P.).
5/31/06 4 – 8
RULE 4.07 IN FORMA PAUPERIS PROCEEDINGS
(a) Cases commenced in forma pauperis with appropriate affidavit of indigency pursuant
to 28 U.S.C. Section 1915, or other applicable statutes (including such proceedings initiated by
prisoners under 28 U.S.C. Sections 2254 or 2255), shall be docketed and assigned by the Clerk in
accordance with Rules 1.03 or 1.04 as in any other case; provided, however, the case shall then be
transmitted, prior to issuance of any process, to the judge to whom the case has been assigned.
The Court may dismiss the case if satisfied that the action is frivolous or malicious, as provided by
28 U.S.C. Section 1915(e); or may enter such other orders as shall seem appropriate to the
pendency of the cause, including an order that the party seeking leave to proceed in forma pauperis
shall pay a stated portion of the Clerk’s and/or Marshal’s fees within a prescribed time, failing which
the action may be dismissed without prejudice. (See also Rule 4.14.)
(b) All persons applying to proceed in forma pauperis shall be deemed to have consented
to the entry of an order by the Court directing payment of all non-prepaid fees and costs out of any
recovery, including a reasonable attorney’s fee if counsel has been appointed by the Court to
represent such person.
5/31/06 4 – 9
RULE 4.08 SERVICE OF SUBPOENAS ON STATE AND FEDERAL OFFICERS
(a) Absent prior permission of the Court, no party shall cause to be issued and served
any subpoena requiring the attendance, for deposition or for trial, of any state or federal judicial
officer, or other person then holding an elective state or federal office.
5/31/06 4 – 10
RULE 4.09 MARSHAL’S DEEDS
(a) Unless otherwise ordered by the Court, Marshal’s deeds for property sold in execution
or upon foreclosure or other order or decree of the Court shall not be acknowledged or delivered
until ten (10) days after the date of sale and thereafter pending a ruling by the Court upon objections
or other applications, if any, filed within such ten (10) day period.
5/31/06 4 – 11
RULE 4.10 RELEASE OF INFORMATION
(a) All government personnel, including Marshals, Deputy Marshals, Court Clerks, Deputy
Clerks, Probation Officers, and Court Reporters, among others, together with state or federal law
enforcement personnel associated or assisting in the preparation or trial of a criminal case, are
prohibited from disclosing for dissemination by any means of public communication, without
authorization by the Court, information relating to an imminent or pending criminal case that is not
part of the public records of the Court.
(b) It is the duty of the lawyer not to release or authorize the release of information or
opinion for dissemination by any means of public communication in connection with pending or
imminent criminal litigation with which he is associated, if there is a reasonable likelihood that such
dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice.
Where there is any such reasonable likelihood, the following will apply:
(1) With respect to a grand jury or other pending investigation of any criminal
matter, a lawyer participating in the investigation shall refrain from making
any extrajudicial statement, for dissemination by any means of public
communication, that goes beyond the public record or that is not necessary
to inform the public that the investigation is underway, to describe the general
scope of the investigation, to obtain assistance in the apprehension of a
suspect, to warn the public of any dangers, or otherwise to aid in the
(2) From the time of arrest, issuance of an arrest warrant, or the filing of a
complaint, information, or indictment in any criminal matter until the
commencement of trial or disposition without trial, a lawyer associated with
the prosecution or defense shall not release or authorize release of any
extrajudicial statement, for dissemination by any means of public
communication, relating to that matter and concerning: (i) the prior criminal
record (including arrests, indictments, or other charges of crime), or the
character or reputation of the accused, except that the lawyer may make a
factual statement of the accused’s name, age, residence, occupation, and
family status, and if the accused has not been apprehended, a lawyer
associated with the prosecution may release any information necessary to aid
in his apprehension or to warn the public of any dangers he may present; (ii)
the existence or contents of any confession, admission, or statement given
by the accused, or the refusal or failure of the accused to make any
statement; (iii) the performance of any examinations or tests or the accused’s
refusal or failure to submit to an examination or test; (iv) the identity,
testimony or credibility of prospective witnesses, except that the lawyer may
announce the identity of the victim if the announcement is not otherwise
prohibited by law; (v) the possibility of a plea of guilty to the offense charged
or a lesser offense; or (vi) any opinion as to the accused’s guilt or innocence
or as to the merits of the case or the evidence in the case.
(c) The foregoing provisions of subsection (b) of this rule shall not be construed to
preclude the lawyer, in the proper discharge of his official or professional obligations, from
announcing the fact and circumstances of arrest (including time and place of arrest, resistance,
5/31/06 4 – 12
pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and
the length of time of seizure of any physical evidence other than a confession, admission, or
statement, which is limited to a description of the evidence seized; from disclosing the nature,
substance, or text of the charge, including a brief description of the offense charged; from quoting
or referring without comment to public records of the court in the case; from announcing the
scheduling or result of any stage in the judicial process; from requesting assistance in obtaining
evidence; or from announcing without further comment that the accused denies the charges made
(d) During the trial of any criminal matter, including the period of selection of the jury, no
lawyer associated with the prosecution or defense shall give or authorize any extrajudicial statement
or interview, relating to the trial or the parties or issues in the trial, for dissemination by any means
of public communication, except that the lawyer may quote from or refer without comment to public
records of the court in the case.
(e) Unless otherwise provided by law, all preliminary criminal proceeding including
preliminary examinations and hearings on pretrial motions, shall be held in open court and shall be
available for attendance and observation by the public; provided that, upon motion made or agreed
to by the defense, the Court, in the exercise of its discretion, may order that a pretrial proceeding
be closed to the public in whole or in part, on the grounds:
(1) that there is a reasonable likelihood that the dissemination of information
disclosed at such proceeding would impair the defendant’s right to a fair trial;
(2) that reasonable alternatives to closure will not adequately protect defendant’s
right to a fair trial.
If the Court so orders, it shall state for the record its specific findings concerning the need
(f) Nothing in this rule is intended to preclude the formulation or application of more
restrictive rules relating to the release of information about juvenile or other offenders, to preclude
the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative
bodies, or to preclude any lawyer from replying to charges of misconduct that are publicly made
(g) In a widely publicized or sensational case, the Court on motion of either party or on
its own motion, may issue a special order governing such matters as extrajudicial statements by
parties and witnesses likely to interfere with the rights of any party to a fair trial by an impartial jury,
the seating and conduct in the courtroom of spectators and news media representatives, the
management and sequestration of jurors and witnesses, and any other matters which the Court may
deem appropriate for inclusion in such an order.
5/31/06 4 – 13
RULE 4.11 PHOTOGRAPHS; BROADCASTING OR TELEVISING; USE OF COMPUTERS
AND COMMUNICATION DEVICES
(a)(1) As approved by the Judicial Conference of the United States at its March, 1979
meeting, the taking of photographs and the recording or taping of ceremonies for the investing of
judicial officers and of naturalization proceedings and the possession of necessary equipment
therefor is authorized in courtrooms of this Court and the environs thereof. At least three (3) hours
prior notice of the use of recording or television equipment shall be given to the presiding judge who
may control the placement of such equipment in the courtroom.
(a)(2) Otherwise, the taking of photographs, the operation of recording or transmission
devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this
Court, or the environs thereof, either while the Court is in session or at recesses between sessions
when Court officials, attorneys, jurors, witnesses or other persons connected with judicial
proceedings of any kind are present, are prohibited.
(b) In order to facilitate the enforcement of subsection (a)(2) of this rule, no photographic,
broadcasting, television, sound or recording equipment of any kind (except that of Court personnel
and as authorized by subsection (a)(1) hereof) will be permitted in that part of any building where
federal judicial proceedings of any kind are usually conducted in this District, as is designated by the
resident judges of the Division in which such building is located. Such designation shall be made
by order, filed in the office of the Clerk in such division. Except that of Court personnel, cellular
telephones and computer equipment are likewise prohibited in that part of any building where federal
judicial proceedings of any kind are usually conducted in this District, as designated by the resident
judges in the manner set forth in the preceding sentence, unless otherwise permitted by the judicial
officer before whom the particular case or proceeding is pending. This rule does not prohibit the
possession of telephonic pagers in such locations, provided that such pagers are either switched
off or placed in a silent activation mode while in such locations.
(c) Employees of other federal agencies resident within the security perimeters of
buildings in this District housing federal courts or proceedings, with valid agency identification, are
permitted to transport any of the equipment identified above through security checkpoints for the
purpose of using same, in their official capacities, within areas of such buildings not covered by
subsection (b) of this rule. Said equipment shall be subject to inspection by the United States
5/31/06 4 – 14
RULE 4.12 PRE-SENTENCE INVESTIGATION REPORTS; PRE-SENTENCING
(a) Ordinarily, sentencing will occur within seventy-five (75) calendar days following the
defendant’s plea of guilt or nolo contendere, or upon being found guilty. The Court may either
shorten or lengthen for good cause the time limits prescribed in this rule. On request, the
defendant’s counsel is entitled to notice and a reasonable opportunity to attend any interview of the
defendant by the probation officer in the course of a presentence investigation.
(b) Not less than thirty-five (35) days prior to the date set for sentencing, the probation
officer shall disclose the presentence investigation report to the defendant and to counsel for the
defendant and the Government, unless the defendant waives this minimum period. Within fourteen
(14) days thereafter, counsel (or the defendant if acting pro se) shall communicate in writing to the
probation officer and to each other any objections they may have as to any material information,
sentencing classifications, sentencing guideline ranges, and policy statements contained in or
omitted from the report.
(c) After receiving counsel’s objections, the probation officer shall conduct any further
investigation and make any revisions to the presentence report that may be necessary. The officer
may require counsel for both parties as well as the defendant and/or the case agent to meet with the
officer to discuss unresolved factual and legal issues. All counsel shall make themselves available
to the officer for this purpose on short notice regardless of place of residence.
(d) No later than seven (7) days prior to the date of the sentencing hearing, the probation
officer shall submit the presentence report to the sentencing judge. The report shall be
accompanied by an addendum setting forth any objections counsel may have made that have not
been resolved, together with the officer’s comments thereon. The probation officer shall certify that
the contents of the report including any revisions thereof, have been disclosed to the defendant and
to counsel for the defendant and the Government, that the content of the addendum has been
communicated to the defendant and to counsel, and that the addendum fairly states any remaining
(e) Except for any objection made under subdivision (b) that has not been resolved, the
Court, at the sentencing, may accept the presentence report as its findings of fact. The Court,
however, for good cause shown, may allow a new objection to be raised at any time before the
imposition of sentence. In resolving disputed issues of fact, the Court may consider any reliable
information presented by the probation officer, the defendant or the Government.
(f) The Court directs the probation officer not to disclose the probation officer’s
recommendation, if any, on the sentence, pursuant to its authority in Rule 32(e)(3).
(g) The presentence report shall be deemed to have been disclosed:
1. When a copy of the report is physically delivered.
2. One day after the report’s availability for inspection is orally communicated.
3. Three (3) days after a copy of the report or notice of its availability is mailed.
5/31/06 4 – 15
(h) No confidential records of the Court maintained at the probation office, including
presentence reports and probation supervision reports, shall be sought by any applicant except by
written petition to the Court establishing with particularity the need for specific information believed
to be contained in such records. When a demand for disclosure of such information for such records
is made by way of subpoena or other judicial process served upon a probation officer of this Court,
the probation officer may file a petition seeking instruction from the Court with respect to the manner
in which he should respond to such subpoena or such process.
(i) Any party filing an appeal or cross appeal in any criminal case in which it is expected
that an issue will be asserted pursuant to 18 U.S.C. Section 3742 concerning the sentence imposed
by the Court shall immediately notify the probation officer who shall then file with the Clerk for
inclusion in the record in camera a copy of the presentence investigation report. The probation
officer shall also furnish, at the same time, a copy of the presentence report to the Government and to the Defendant