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Practice Preferences - The Honorable Senior United States District Judge W. Earl Britt

CRIMINAL CASES:

Any motion to continue must be filed by the Wednesday preceding the court term beginning Monday. No motions to continue, filed after the Wednesday deadline, will be considered and counsel will be expected to appear for the hearing at the scheduled date and time.

Prior to any arraignment, counsel shall check for accuracy the maximum and minimum penalties set out in any memorandum of plea agreement or, if there is none, in the penalty sheet. Counsel shall take particular care to ensure that any specified maximum and minimum terms of supervised release conform with the Fourth Circuit's decision in United States v. Pratt, 239 Fed. 3d 640, 647-48 (4th Cir. 2001). In addition, if a criminal information is the subject of a memorandum of plea agreement, counsel shall ensure that the memorandum nowhere refers to the charging document as an indictment or superseding indictment.

Sentencing Briefs/Memoranda shall not exceed ten (10) pages and must be filed on or before the Thursday preceding the first day of the court session at which the sentencing is set; any exhibits attached to or filed in support of such briefs/memoranda shall not exceed ten (10) pages.

In regard to cases set for sentencing, no oral testimony with regard to character evidence will be received.Character letters, affidavits, or other written communications in that respect shall not exceed a total of ten(10) pages and shall be furnished to the court on or before the Thursday preceding the first day of the court session at which the sentencing is set.

Counsel are requested to review the attached memorandum regarding hearings on motions for downward departure: Rule 35 Motions.

Scheduling conflicts must be resolved by compliance with the Guidelines for Resolving Scheduling Conflicts, rather than by motion.

Please notify the Clerk's Office if an Interpreter is required and has not been noted on the calendar.

In all cases for trial, in addition to filing with the Clerk of Court, counsel shall submit documents required by Local Criminal Rules 24.1.and 30.1, EDNC, electronically to: documents_judge_britt@nced.uscourts.gov (this email address is receipt only).

CIVIL CASES:

TRIAL CALENDAR SPECIFICS:

Any motion to continue must be filed by the Wednesday preceding the court term beginning Monday. No motions to continue, filed after the Wednesday deadline, will be considered and counsel will be expected to appear for the hearing at the scheduled date and time.

If a case is settled but the documents necessary to effectuate the settlement are not filed prior to 4:00p.m. on the last business day preceding calendar call, counsel are not relieved of their obligation to attend calendar call.

The attention of counsel is directed to Local Civil Rules 45.1, 48.1 and 54.2, E.D.N.C.

The court encourages full exercise of civil trial jurisdiction by magistrate judges pursuant to 28 U.S.C. § 636(c).

All counsel are reminded to review Local Civil Rules 39.1-39.4, E.D.N.C.

In all cases, in addition to filing, counsel shall submit documents required by Local Civil Rules 39.1. 51.1,and 52.1, E.D.N.C., electronically to: documents_judge_britt@nced.uscourts.gov (this email address is receipt only).

Motions for continuance shall be filed and reflect the position of opposing counsel.

PRE-TRIAL CALENDAR SPECIFICS:

All counsel shall appear for calendar call at the times designated.

All counsel are reminded to review Local Rule 16.1, E.D.N.C.

Motions for continuance shall be filed and reflect the position of opposing counsel.

OTHER INFORMATION:

Send proposed orders electronically in Word format to: documents_judge_britt@nced.uscourts.gov.

Exhibits may be used during opening statements only by agreement of counsel.

Scheduling conflicts must be resolved by compliance with the Guidelines for Resolving Scheduling Conflicts, rather than by motion.

Counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of exhibits which exceed a combined total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder.

See Standing Order 10-JP-2-BR.

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