Common Criminal Filing Mistakes

To assist all parties and to prevent possible delays, the following is a list of common mistakes made in criminal cases and explanations of how to avoid them.    

Bail Hearings

An application for review of conditions of bail cannot be filed without obtaining a hearing date or the signatures of the various parties.  Prepare an Application to the Criminal Duty Judge for Review of Magistrate Judge’s Bail Order; Order Thereon (form CR-062).  Obtain a hearing date from the assigned judge’s courtroom deputy clerk or Criminal Intake.  Serve the application and obtain the signatures of the Pretrial Services Officer, Assistant U.S. Attorney, defense counsel, and Interpreter Services (if an interpreter is utilized).  Electronically file the application (if applicable), or manually file the application in the Criminal Intake section.

Prepare an Application for Review/Reconsideration of Order Setting Conditions of Release/Detention (18 U.S.C. §3142) and Request for Hearing (form CR-088) and Notification Re: Application for Bail Review or Reconsideration of Order Setting Conditions of Release or Detention (18 U.S.C. §3142) (form CR-088A) to request a review/reconsideration from the magistrate/district judge who set bail conditions or denied bond.  Electronically file the application (if applicable) and attach the order, or manually submit the application and order to the Criminal Intake section.

Sealed Cover Sheets

IMPORTANT NOTICE FOR ANYONE FILING DOCUMENTS UNDER SEAL IN A CRIMINAL CASE: Please pay attention to the TITLE in the caption of every document you submit to the Court for filing under seal. The title of your document will become part of the PUBLIC docket text when that document is entered on the docket, even though the document itself is sealed. If the title of your document contains confidential information that should not be reflected on the public docket, you should submit your document with a COVER SHEET that uses a generic title like “SEALED APPLICATION,” “SEALED MOTION,” “SEALED PROPOSED ORDER,” OR “SEALED DOCUMENT” rather than the actual title of your document. Docket entries for documents filed under seal in criminal cases, if submitted with such a cover sheet, will include only the generic title.

Improper Notice of Motions

Counsel must comply with Local Civil Rule 6-1 when noticing motions and comply with the assigned judge’s Procedures and Schedules.

Multi-case Filings

If the defendant is charged in more than one case, an original and one copy of each document must be filed in each case.  Criminal cases are rarely consolidated for pretrial proceedings, and each case stands on its own.

Requesting an Interpreter

Interpreter Services must be notified at least 24 hours in advance to secure the services of an interpreter for attorney/client conferences.

Exoneration of Bail

The clerk’s office will not reconvey property or return cash posted as a condition of bail without a Court order.  At the time of sentencing, the exoneration of defendant’s bond should be requested.  If the Court does not state on the record that the bond is exonerated, a stipulation or motion for exoneration of bond must be filed.

Documents to Satisfy Bail Conditions

Any documents required to satisfy conditions of bail must be submitted to the Criminal Intake section.

Closed Magistrate Judge Cases

Once a magistrate judge case is closed and merged into a criminal case, all subsequent filings must be filed under the criminal case name and number.

E-mail to Divisional Office

Once a document is electronically filed, an e-mail must be sent to the appropriate Divisional Office where the magistrate case or unassigned criminal case (email the appropriate criminal intake inbox) or assigned judge is located.  A copy of the document must be attached.

Proposed Order

Per Local Civil Rule 52-4, a proposed order must be attached as a separate document to a stipulation, application, ex parte application, motion or request of parties requiring an order of the Court.   

Please consult the Local Civil Rules and Local Criminal Rules for further information.