US Flag TUESDAY, MARCH 20, 2018
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

Your browser is Navigator .0 running on using the IP of (
Glossary of Legal Terms | Privacy Policy