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.
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.
Chief Judge Nye is generally receptive to an initial request for the continuance of a trial setting by the defendant.
A request for further continuances will be closely scrutinized and may well be denied.
Requests for continuance should be supported by an affidavit and should set forth facts from which the Court can conclude whether the requested continuance would support a finding of excludible time under the Speedy Trial Act.
The motion and supporting affidavit must be docketed on CM/ECF.
Most issues regarding discovery are addressed in the procedural order.
Chief Judge Nye strongly encourages the use of an “open file” policy by the U.S. Attorney’s Office.
Chief Judge Nye enforces any reciprocal discovery obligations of defense counsel.
The deadline for filing of motions is set in the procedural order unless otherwise ordered by the Court.
Motions to suppress invariably require an evidentiary hearing. The Courtroom Deputy will set the matter for an evidentiary hearing.
Oral Argument or Briefing
The moving party should contact the Courtroom Deputy for a hearing date and time, or to determine if oral argument is necessary.
Disclosure must comply with the Federal Rules and applicable case law.
Witnesses should be disclosed in accordance with procedural order deadlines.
Most criminal cases are resolved by plea agreement. Last minute plea agreements pose a significant challenge for any judge managing a busy trial docket. For that reasons, Chief Judge Nye expects that all plea negotiations will have been completed prior to the time of the Trial Readiness Conference, which is typically scheduled two weeks before trial.
Chief Judge Nye uses the Struck Jury System for jury selection.
Chief Judge Nye conducts most voir dire of the jury panel, but allows counsel 20-30 minutes each for follow-up. Counsel are encouraged to submit proposed questions for Chief Judge Nye to use in his voir dire of the jury.
Trials will typically begin on Monday at 1:30 p.m. Thereafter, trials will be conducted Tuesday through Friday from 8:30 a.m. to 2:30 p.m., with two 20-minute recesses per day.
Witnesses must be disclosed in accordance with procedural order deadlines. In addition, the AUSA trying the case must provide defense counsel at the beginning of the trial with a rolling list of the witnesses they expect to call, and the order in which they will be called. The list must be updated so that defense counsel are aware of any changes in the order of witnesses, at least 36 hours in advance.
Speaking objections are not permitted.
Objections to the presentence report must be in writing and submitted by the date ordered.
Motions for departure should be filed on or before the date objections are due.
Counsel are provided with copies of all sentencing materials and recommendations provided to the Court by the Probation Office.
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.
The sentencing in a routine case will be scheduled for 45 minutes. If counsel feels that extensive evidence will be presented or that additional time is necessary, they should contact the Courtroom Deputy at least 2 weeks before the scheduled sentencing date.
Sentencing memoranda are not required.
If submitted, memorandum should be filed at least seven calendar days before the sentencing date.
Letters of support should be submitted to the Presentence Investigator.
Victims and individuals speaking in support of a defendant will be allowed to address the court without being placed under oath. However, individuals whose statements may bear upon a sentencing guideline issue, must be placed under oath and subject to cross examination.