RULE 4.13 COURT PLANS

RULE 4.13 COURT PLANS
(a) Pursuant to the requirements of the Criminal Justice Act of 1964, as amended, 18
U.S.C. Section 3006A, the Court has adopted, with the approval of the Judicial Council of the
Eleventh Circuit, a plan for the assignment of counsel to represent indigent defendants in criminal
proceedings pursuant to Rule 44, Fed.R.Cr.P.. A copy of the plan, as amended, shall be available
for inspection in the Clerk’s offices during regular business hours.
(b) Pursuant to the requirements of the Jury Selection and Service Act of 1968, as
amended, 28 U.S.C. Section 1863, the Court has adopted, with the approval of the Judicial Council
of the Eleventh Circuit, a plan for the random selection of grand and petit jurors. A copy of the plan,
as amended, shall be available for inspection in the Clerk’s offices during regular business hours.
(c) Pursuant to the requirements of the Speedy Trial Act of 1974, 18 U.S.C. Section
3165, and Rule 50(b), Fed.R.Cr.P., the Court has adopted, with the approval of the Judicial Council
of the Eleventh Circuit, a plan to minimize undue delay and further prompt disposition of criminal
cases. A copy of the plan, as amended, shall be available for inspection in the Clerk’s offices during
regular business hours.
5/31/06 4 – 17
RULE 4.14 PROCEEDINGS UNDER 28 U.S.C. SECTIONS 2254 and 2255
(a) All proceedings instituted in this Court pursuant to 28 U.S.C. Sections 2254 and 2255,
respectively, shall be governed by the Rules pertaining to such proceedings as prescribed by the
Supreme Court of the United States, including the model forms appended thereto.
(b) In proceedings instituted in forma pauperis under 28 U.S.C. Section 2254 and 42
U.S.C. Section 1983 by persons in custody, the Court may order, as a condition to allowing the case
to proceed, that the Clerk’s and Marshal’s fees be paid by the petitioner if it appears that he has
$25.00 or more to his credit (in Section 2254 cases), or $120.00 or more to his credit (in Section
1983 cases), in any account maintained for him by custodial authorities.
5/31/06 4 – 18
RULE 4.15 WRITTEN STIPULATIONS REQUIRED
(a) No stipulation or agreement between any parties or their attorneys, the existence of
which is not conceded, in relation to any aspect of any pending case, will be considered by the Court
unless the same is made before the Court and noted in the record or is reduced to writing and
subscribed by the party or attorney against whom it is asserted.
5/31/06 4 – 19
RULE 4.16 MANAGEMENT OF FUNDS HELD ON DEPOSIT WITH THIS COURT
(a) Any party wishing to deposit funds pursuant to Rule 67, Fed.R.Civ.P., may do so upon
notice to every other party and upon leave of Court. The party making the deposit should prepare
an order for entry by the Court. Absent good cause shown, the order should direct the Clerk of Court
to deposit the funds into a special interest bearing account. Pursuant to Rule 67, Fed.R.Civ.P., the
party making the deposit shall also serve a copy of the order upon either the Clerk of Court, the
Chief Deputy Clerk, the Chief Financial Deputy Clerk, or the appropriate resident clerk’s office
Division Manager. Absent personal service upon one of those individuals, the Clerk of Court and
members of his staff shall be relieved and discharged of any personal liability which might result from
non-compliance with the deposit instructions contained in the order or in this Rule.
(b) Except for funds held by the Clerk as non-appropriated funds, as provided in the
Guidelines and Plan for the Administration of Non-Appropriated Funds adopted by the Middle District
of Florida, funds deposited with the Court that are not governed by subsection (a) of this Rule shall
be deposited by the Clerk into the treasury of the United States; provided, however, that the Court
may, by administrative order, permit deposit of registry funds into interest bearing accounts when
the amount to be deposited exceeds a minimum sum stated in the administrative order. Final
disposition of such deposits, as well as any earned interest, shall be determined by subsequent
order of the Court.
5/31/06 4 – 20
RULE 4.17 SPECIAL FILING AND PROCEDURAL REQUIREMENTS APPLICABLE TO
HABEAS CORPUS CAPITAL CASES
(a) Applicability: The provisions of this Rule shall only apply to those habeas corpus
capital cases brought pursuant to 28 U.S.C. Section 2254 in which a Florida state court has imposed
a sentence of death, a death warrant has been signed and the petitioner’s execution has been
scheduled.
In view of the limited time normally available to the Court to fully consider the merits of a
habeas corpus petition under such conditions, special filing and procedural requirements addressed
in this Rule shall apply, except to the extent that in the opinion of the assigned judge their application
in a particular proceeding would not be feasible or would work an injustice.
(b) Responsibility for Lodging a Complete Copy of the State Court Record: In any
habeas corpus capital case falling within the scope of this Rule, the Attorney General’s Office for the
State of Florida shall promptly lodge with the appropriate divisional clerk’s office an “Advance
Appendix” containing a complete copy of the state court record. The appendix shall include, but
not be limited to the record of: pretrial proceedings; guilt/innocence phase of trial proceedings;
sentencing proceedings; and direct state court appeal and collateral proceedings including the
appeal of post-trial motions. Any portion of the state court record that is not immediately available
due to ongoing state court proceedings, shall be lodged immediately thereafter in the form of a
“Supplemental Appendix.”
(c) Responsibility for Indexing and Tabbing the Appendices: Coincident with the
lodging of any appendices, the Attorney General’s Office shall also be responsible for:
(1) Preparing and lodging a Master Index to each appendix;
(2) Tabbing the first page of every appendix document and cross
referencing the index tab number to the appropriate item on the Index;
and
(3) Serving a copy of each Index on counsel for the petitioner and lodging
a Certificate of Service to indicate compliance with this requirement.
(d) Manner of Service: In order to facilitate the timely and efficient processing of habeas
corpus capital cases, all pleadings and other papers tendered for filing shall be served on opposing
counsel by the most expeditious means available, including use of overnight mail delivery service.
(e) Order to Answer: Counsel for the respondent is hereby directed to file an answer
to the petition immediately following receipt of the served petition and shall not await further Court
order.
(f) Disposition of Appendices: The petition and/or answer may refer to any portion
of the appendices lodged with the Clerk by citing to the appropriate tab number and page. All
appendices lodged with the Clerk pursuant to Rule 4.17(b) shall be filed in the district court record
upon the receipt and filing of a petition for writ of habeas corpus.
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