New DKan rules re motions, subpoenas, presentence investigations and recommendations

The District of Kansas has a new playbook for criminal cases effective August 26, 2024. This is a complete revamp of the rules applicable to criminal cases, and a must-read for regular practitioners in the District. 

You can read a red-lined version of changes here, and find the final amended rules posted here on August 26.

Highlights include:

Clarity: The rules now tell us exactly which civil rules apply in criminal cases. Rule CR1.1.

Subpoenas: The court clerk may now---on request and without a court order---give FPDs and CJA counsel blank, signed, sealed subpoenas for witness testimony at a hearing or trial (some hearings are excluded). Rule CR17.1. These subpoenas will be deemed issued by court order pursuant to Fed. R. Crim. P. 17(b). Rule CR17.1. We'll update our subpoenas page next week with more details about this new process.

Motions: Motions in criminal cases must now contain five sections:

(1)    Relief sought
(2)    Nature of the matter
(3)    Statement of facts
(4)    Argument
(5)    Consultation with other parties

Rule CR1.3(a).

Deadlines for responses/replies: These are tight: 14 days to respond and 7 days to reply. Rule CR1.2.

Early presentence investigations: "If the defendant and his counsel consent, a presentence investigation may be commenced prior to a plea of guilty or nolo contendere or a conviction." Rule CR32.1(a).

Probation officer's sentencing recommendations: Our rules used to prohibit disclosure of the probation officer's sentencing recommendation, period. New language authorizes the court to order disclosure: "The probation officer's recommendation, if any, on the sentence shall not be disclosed except upon an order issued by this court." CR32.1(b).