Notice of CM/ECF Event Changes Used in Presentence Investigation Report Responses

Monday, July 7, 2014

 

Effective July 7, 2014, the events used by attorneys to respond to the Presentence Investigation Reports-Draft (Report) which are filed by the United States Probation Office for the Middle District of North Carolina via the Court's Case Management/Electronic Case Files (CM/ECF) system will change. These changes are designed to better comport to Local Criminal Rule 32.2 and to link the response event to the specific presentence report

The initial filing (Draft Report) shall be labeled Sealed Draft Presentence Investigation Report.

The initial response to a Draft Report shall be labeled Sealed Response to Draft PSR -NOTICE TO PROBATION AND OPPOSING COUNSEL ONLY. This event should be used for any disputes to sentencing factors, material facts or requests for inclusion of additional factors to theSealed Draft Presentence Investigation Report. Filers should link their filing to the Draft Report.

The filing for an unresolved dispute shall be labeled Sealed Position Paper Regarding Sentencing Factors - NOTICE TO THE COURT AND OPPOSING COUNSEL. This pleading shall serve as a notice of any factor important to the sentencing determination that is reasonably in dispute, and shall be accompanied by a written statement certifying that the party has conferred with opposing counsel and the probation officer in a good faith effort to resolve the disputed matter(s). The absence of a filing by either party will be handled by the United States Probation Office as no dispute.