United States District Court for the Eastern District of Kentucky

Filing

Parties need not file a plea supplement concerning cooperation in a criminal case.

“parties shall not be required to file or tender to the Court plea supplements concerning issues of cooperation.”

Filing

Submit a nonbinding written plea agreement no later than the re-arraignment hearing, unless the judge directs otherwise.

“for all other written plea agreements, the document shall be submitted no later than the time of any hearing on a motion for re-arraignment.”

Filing

In a Social Security appeal, cite specific pages of the administrative record in the briefs.

“the parties shall provide the Court with specific page citations to the administrative record to support their arguments.”

Filing

Limit a Social Security plaintiff’s opening brief to 15 pages.

“The plaintiff’s brief may not exceed 15 pages.”

Filing

Submit proposed orders electronically as PDF attachments to a motion or stipulation, identified as proposed.

“All proposed orders submitted electronically must be in PDF format and must be: (1) submitted as an attachment to a motion or stipulation and identified as ‘proposed’”

Motions

The United States must make substantial-assistance motions orally at sentencing; the court no longer accepts sealed written motions for that relief.

“any motions made by the United States pursuant to either U.S.S.G. § 5K1.1 and/or 18 U.S.C. § 3553(e) shall be made orally at sentencing. Sealed motions requesting such relief will no longer be accepted by the Court.”

Sealing

A civil motion to seal must explain why sealing is needed and whether redaction would reduce that need.

“The motion must state why sealing is required and whether redaction could eliminate or reduce the need for sealing.”

Sealing

File the document to be sealed separately as a provisionally sealed document, rather than attaching it to the motion.

“The document to be sealed must not be attached to the motion, but rather must be electronically filed separately as a provisionally sealed document.”

Sealing

A represented party seeking highly sensitive document treatment must file a motion electronically but leave the proposed document out of the electronic filing.

“A represented party (to include the United States in civil cases) shall file a motion to treat a document as a HSD and a proposed order electronically under existing procedures (see LR 5.5 and LCrR 49.3), except that a copy of the proposed HSD shall not be filed electronically.”

Other

Bar members may not send messages from a courtroom during a judicial proceeding without the presiding judge’s leave.

“Absent leave from the presiding judge, Bar members may not use any electronic device to send data messages, including but not limited to text messages, e-mails, SMS messages, or voice communications from any courtroom during a judicial proceeding;”