IMAGE: "Sawtooth National Forest - Stanley, Idaho"


District of Idaho

Chief Judge B. Lynn Winmill

Public 1
U.S. Courts District of Idaho Seal
U.S. District Judge Edward J. Lodge
Criminal Procedures
Judge Lodge's Criminal Procedures

Procedual Orders

  • A procedural order based on a standardized form is entered at a defendant’s initial appearance by the magistrate judge.
  • Unless otherwise ordered by the Court, procedural orders are not entered in petty offense cases.
  • No scheduling conference is held.

Sealed Information

  • A request to seal must be made by motion and accompanied by supporting briefing and a proposed order.
  • Court will order sealing where appropriate.
  • At arraignments, if pretrial services reports are admitted as evidence, they are automatically sealed.
  • Financial affidavits are automatically sealed.
  • Search warrants require a motion and proposed order to seal, if a party seeks to have the warrant sealed.

Plea Agreements

  • The Court will contact counsel approximately two weeks prior to trial to obtain a status of the case.
  • If counsel anticipates that the case will proceed to trial, counsel should contact Chambers as soon as possible.
  • If the parties have arrived at a plea agreement, the parties are encouraged to notify the Court immediately.
  • Judge Lodge will hear all changes of pleas.


  • Upon good cause shown, first time continuances are granted as long as the continuance does not violate the Speedy Trial Act.
  • Requests for further continuances are examined closely.
  • The moving party should contact the courtroom deputy when requesting a continuance.

Oral Argument or Briefing

  • After reviewing the briefing on a motion, the Court will determine whether a hearing is necessary and will contact counsel to schedule a hearing.


  • Some aspects of discovery are addressed in the procedural order.
  • The parties may file a motion if there is a discovery dispute. The Court will review the briefing and determine whether a hearing is necessary or will issue a written decision.
  • The parties are encouraged to communicate and coordinate discovery matters and, if possible, arrive at stipulations regarding evidentiary matters.

Motions Practice

  • The deadline for filing of motions is set in the procedural order unless otherwise ordered by the Court.

Witness Disclosure

  • Disclosure must comply with the Federal Rules and applicable case law.
  • Witnesses should be disclosed in accordance with procedural order deadlines.

Presentence Report

  • The final report is sealed by the Court after sentencing. Disclosure is limited by Federal Rule of Criminal Procedure and Local Criminal Rule 32.1.
  • Counsel are provided with copies of all sentencing materials and recommendations provided to the Court by the Probation Office. The Presentence Recommendation is sealed for the Court's consideration.
  • Objections to the presentence report must be in writing.
  • Motions for departure should be filed on or before the date objections are due.

Sentencing Memoranda

  • A sentencing memorandum is not required.
  • If submitted, a memorandum should be filed at least seven calendar days before the sentencing date.
  • In cases where the Court requires sentencing memoranda, a deadline for submission will be set.
Criminal Procedure Forms

Forms - Criminal Procedures

Criminal Procedural Order
General Order 319
Waiver of Detention Hearing/Order of Detention
This proposed order should be sent to the appropriate Judge's proposed orders email box and the CRD notified.
Federal Criminal Rules
Federal Rules & Policies
This site provides access to the federal rules and forms in effect, information on the rulemaking process and historical and archival records.
Courtroom Deputy

Sherri O'Larey

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