JASON93 / LEGAL TECHSearch the reference
ModuleCurrent through August 26, 2026View as Markdown

Legal review · Scope & methodology

Federal Process Practical Checklists

These checklists prevent omitted inputs. They are not filing forms and do not establish that any remedy is available. The canonical module and verified authority record control every legal proposition.

Universal intake checklist

  • [ ] Case and district court docket numbers
  • [ ] Court with present authority and controlling circuit
  • [ ] Charge, conviction, and penalty statutes
  • [ ] Offense, verdict or plea, sentencing, judgment, and amendment dates
  • [ ] Notice, mandate, certiorari, and context-specific finality dates
  • [ ] Present custody, facility, custodian, and transfer history
  • [ ] Supervision commencement, conditions, transfer, violation, and expiration history
  • [ ] Every prior motion, petition, appeal, authorization request, and disposition
  • [ ] Exact challenged act, judgment, condition, computation, or agency decision
  • [ ] Requested legal vehicle and precise relief
  • [ ] All triggering events and proof of filing, receipt, service, or issuance
  • [ ] Issue preservation, objections, waiver terms, default, and government invocation
  • [ ] Administrative submissions, rejections, responses, extensions, and appeals
  • [ ] Operative indictment, plea agreement, judgment, statement of reasons, transcripts, PSR, orders, and exhibits
  • [ ] Current statute, rule, regulation, guideline, policy, published circuit authority, local rules, and negative-treatment check

Deadline computation checklist

For every deadline, write the trigger, trigger date, excluded day, period, counted days, weekend or holiday rule, time zone and electronic-filing cutoff, extension source, tolling source, jurisdictional or claim-processing characterization, filing proof, and consequence of noncompliance. Never compute from a nearby event merely because its date is easier to find.

Deadline Trigger Period Computation Extensions or exceptions Characterization Claims
DL-CHARGE-3282-GENERAL-FIVE-YEAR General noncapital charging limitation commission or completion of the charged noncapital offense five years The offense-completion date and governing computation precedent must be verified; not resolved generically here. Express offense-specific periods, tolling statutes, continuing-offense doctrine, and §§ 3288–3289 may alter the result.; Capital offenses under § 3281 and any rule expressly provided by law, including § 3282(b)'s DNA-profile provision. criminal statute of limitations; precise waiver and forfeiture treatment requires controlling authority CLM-CHARGE-022, CLM-CHARGE-023, CLM-CHARGE-024
DL-CHARGE-3288-REFILING Refiling after dismissal after limitations expiration dismissal of a felony indictment or information after the applicable period expired, or finality after appeal as specified six calendar months from dismissal, 60 days after dismissal becomes final on appeal, or the statutory next-grand-jury alternative Use § 3288's calendar-month and appellate language with the actual dismissal and grand-jury dates. Only the alternatives stated in § 3288 are verified here.; No rescue when the dismissal reason was untimeliness or another reason barring new prosecution. statutory refiling allowance bounded by the underlying criminal limitation period CLM-CHARGE-025
DL-CHARGE-3289-REFILING Refiling after dismissal shortly before limitations expiration dismissal before expiration when the applicable period will expire within six calendar months six calendar months after limitations expiration, 60 days after dismissal becomes final on appeal, or the statutory next-grand-jury alternative Use § 3289's calendar-month and appellate language with actual expiration, dismissal, appeal, and grand-jury dates. Only the alternatives stated in § 3289 are verified here.; No rescue when the dismissal reason was untimeliness or another reason barring new prosecution. statutory refiling allowance bounded by the underlying criminal limitation period CLM-CHARGE-026
DL-STA-ARREST-TO-CHARGE Speedy Trial Act arrest-or-summons to indictment or information arrest or service of summons in connection with the charges 30 days Compute from the actual trigger using § 3161(h)'s exclusions; a docket calculation is mandatory. Section 3161(h) exclusions; an additional 30 days for a felony if no grand jury sat in the district during the first period.; The arrest or summons must be in connection with the later charges; subsequent-charge doctrine requires controlling precedent. statutory Speedy Trial Act requirement with dismissal sanction under § 3162(a)(1); jurisdictional characterization not verified CLM-CHARGE-027, CLM-CHARGE-029, CLM-CHARGE-030, CLM-SPEEDY-001, CLM-SPEEDY-002, CLM-SPEEDY-003, CLM-SPEEDY-004, CLM-SPEEDY-005, CLM-SPEEDY-006, CLM-SPEEDY-007, CLM-SPEEDY-008, CLM-SPEEDY-009, CLM-SPEEDY-010, CLM-SPEEDY-011, CLM-SPEEDY-012, CLM-SPEEDY-013, CLM-SPEEDY-014
DL-STA-CHARGE-TO-TRIAL Speedy Trial Act indictment-or-information to trial later of public filing of the indictment or information and appearance before a judicial officer of the charging court, in a not-guilty case 70 days Compute from the later statutory trigger using every § 3161(h) exclusion and the full docket. Section 3161(h) exclusions, including only properly supported ends-of-justice periods.; Written consent to magistrate-judge trial on a complaint and retrial provisions have separate statutory triggers. statutory Speedy Trial Act requirement; dismissal requires a timely defense motion and is waived as § 3162(a)(2) states; jurisdictional characterization not verified CLM-CHARGE-028, CLM-CHARGE-029, CLM-CHARGE-030, CLM-SPEEDY-001, CLM-SPEEDY-002, CLM-SPEEDY-003, CLM-SPEEDY-004, CLM-SPEEDY-005, CLM-SPEEDY-006, CLM-SPEEDY-007, CLM-SPEEDY-008, CLM-SPEEDY-009, CLM-SPEEDY-010, CLM-SPEEDY-011, CLM-SPEEDY-012, CLM-SPEEDY-013, CLM-SPEEDY-014
DL-RULE-16-1-DISCOVERY-CONFERENCE Rule 16.1 pretrial discovery conference arraignment no later than 14 days after arraignment Compute under Rule 45(a) from the actual arraignment date. Rule 45(b)(1) permits extension before expiration for good cause and after expiration for excusable neglect; an actual extension requires an order.; Rule 16.1 itself states no categorical exception; local orders may regulate the disclosure timetable but may not be assumed to erase the conference command. rule-based procedural conference deadline; no jurisdictional characterization verified CLM-DISC-013, CLM-DISC-014
DL-RULE12-PRETRIAL-MOTIONS Rule 12 required pretrial motions and Rule 12.2 notices the court-set pretrial-motion deadline, or the start of trial if the court sets none by the applicable deadline Use the scheduling order and current Rules 12 and 45; no universal calendar date exists. The court may extend or reset before trial; an untimely Rule 12(b)(3) matter may be considered for good cause; Rule 12.2 separately permits good-cause late notice.; Jurisdiction may be raised while the case is pending; each listed motion and notice has its own trigger. claim-processing deadline rather than a jurisdictional limit; exact consequences require the current rule and controlling precedent CLM-MOTION-002, CLM-MOTION-004, CLM-MENTAL-014, CLM-MENTAL-015, CLM-SPEEDY-009
DL-US-GOV-SUPPRESSION-APPEAL Government appeal under 18 U.S.C. § 3731 rendering of the appealable decision, judgment, or order 30 days Compute from the rendered order under the governing appellate rules and verify entry and notice dates. No extension is supplied by § 3731 itself; governing appellate rules and controlling law must be checked.; The statutory order category, certification, jeopardy, Double Jeopardy Clause, and diligent prosecution requirements apply. statutory criminal-appeal deadline and authorization CLM-MOTION-025, CLM-MOTION-026
DL-4247-COMPETENCY-EXAM Competency examination commitment commitment for an examination ordered under § 4241 reasonable period not exceeding 30 days Use the custody and facility dates in the order and record. Facility director may seek a reasonable extension not exceeding 15 days on good cause and necessity to observe and evaluate.; This is the examination period, not the separate § 4241(d) restoration period. statutory maximum for examination commitment CLM-MENTAL-006
DL-4241-INITIAL-RESTORATION Initial competency-restoration commitment commitment after a § 4241(d) incompetency finding reasonable period not exceeding four months Use the actual commitment and custody dates and the purpose specified in § 4241(d)(1). Any additional period must independently satisfy § 4241(d)(2)'s probability, reasonableness, and endpoint requirements.; The period determines restoration probability; it is not authority for indefinite commitment. statutory maximum for the initial restoration-probability period CLM-MENTAL-004, CLM-MENTAL-005
DL-4243-ACQUITTEE-HEARING Insanity-acquittee dangerousness hearing special verdict of not guilty only by reason of insanity no later than 40 days after the special verdict Compute from the special-verdict date using the governing statutory and procedural computation rules. No generic extension is stated here; case-specific authority must be verified before changing the date.; The hearing and any examination have separate periods under §§ 4243 and 4247. statutory postverdict hearing deadline CLM-MENTAL-021
DL-4247-INSANITY-EXAM Insanity or insanity-acquittee examination commitment commitment for an examination under § 4242 or § 4243 reasonable period not exceeding 45 days Use the examination order, custody, facility, and report dates. Facility director may seek a reasonable extension not exceeding 30 days on the statutory good-cause and necessity showing.; This does not replace the separate 40-day § 4243 hearing deadline. statutory maximum for specified mental-condition examinations CLM-MENTAL-016, CLM-MENTAL-021
DL-JSSA-DEFENDANT-CHALLENGE Defendant's Jury Selection and Service Act challenge voir dire or discovery with diligence of the statutory ground before voir dire begins or within 7 days after discovery or discoverability with diligence, whichever is earlier Compute the seven-day alternative under the controlling statutory text and actual discovery record; the before-voir-dire alternative may be earlier. No nationwide extension authority is assumed; the statutory trigger and diligence record control.; Section 1867(e) makes its procedures the exclusive statutory means for challenges under the Act; independent constitutional claims require their own analysis. mandatory statutory challenge timing; jurisdictional classification not asserted CLM-TRIAL-008
DL-RULE29-POSTVERDICT Postverdict Rule 29 motion guilty verdict or jury discharge, whichever is later 14 days after the later trigger Compute under Rule 45(a) from the actual later trigger. Rule 45(b)(1) permits a timely good-cause extension and a post-deadline extension for excusable neglect; an actual extension requires a supported order.; No pre-submission Rule 29 motion is required for a postverdict motion. rule-based claim-processing deadline; current text controls over former-rule cases CLM-TRIAL-021, CLM-TRIAL-022
DL-RULE33-NEWLY-DISCOVERED Rule 33 motion grounded on newly discovered evidence verdict or finding of guilty 3 years after the trigger Compute from the actual verdict or guilty-finding date under current Rule 45. Rule 45(b)(1) permits extension for good cause before expiration and excusable neglect after expiration; a pending appeal prevents grant until remand but does not bar filing.; The controlling circuit determines whether the asserted ground is newly discovered evidence. nonjurisdictional claim-processing deadline CLM-R33-003, CLM-R33-004, CLM-R33-007, CLM-R33-008, CLM-R33-009
DL-RULE33-OTHER Rule 33 motion on a ground other than newly discovered evidence verdict or finding of guilty 14 days after the trigger Compute from the actual verdict or guilty-finding date under current Rule 45. Rule 45(b)(1) permits extension for good cause before expiration and excusable neglect after expiration.; The ground must be classified under controlling circuit law; sentencing and appellate finality are not the trigger. nonjurisdictional claim-processing deadline CLM-R33-005, CLM-R33-006, CLM-R33-007, CLM-R33-008, CLM-R33-009
DL-PSR-DISCLOSURE Presentence report disclosure sentencing date at least 35 days before sentencing unless the defendant waives the minimum period Calendar from the actual sentencing date under Rule 32; § 3552(d)'s ten-day floor does not shorten the current rule. The defendant may waive the minimum period; Rule 32(b)(2) permits the court to change a Rule 32 limit for good cause.; A report may be dispensed with only under Rule 32(c)(1)'s stated exception and on-record finding. mandatory rule-based disclosure period subject to waiver or good-cause adjustment CLM-SENT-002, CLM-SENT-004
DL-PSR-OBJECTIONS Written presentence report objections receipt of the presentence report within 14 days after receipt Compute from actual receipt under Rule 32 and applicable Rule 45 computation. Rule 32(b)(2) permits a good-cause change; Rule 32(i)(1)(D) permits a new objection before sentence for good cause.; A known issue should be stated specifically and timely; late allowance is not automatic. rule-based objection period subject to good-cause adjustment CLM-SENT-005, CLM-SENT-011
DL-PSR-FINAL-ADDENDUM Final presentence report and addendum sentencing date at least 7 days before sentencing Calendar backward from the actual sentencing date under Rule 32. Rule 32(b)(2) permits the court to change the period for good cause.; Actual orders and local scheduling requirements must also be checked. rule-based submission period subject to good-cause adjustment CLM-SENT-006
DL-RESTITUTION-LOSS-DETERMINATION Deferred restitution loss determination discovery that victim losses are not ascertainable ten days before sentencing notice at least 10 days before sentencing; final loss determination no later than 90 days after sentencing; later-discovered victim petition within 60 days after discovery Use actual sentencing, notice, discovery, and petition dates under § 3664(d)(5). Dolan preserves authority after day ninety only where the court timely made clear restitution would be ordered.; A later victim must show good cause; offense-specific law and actual notice control. statutory timetable with bounded retained-authority rule CLM-SENT-040, CLM-SENT-041
DL-RULE35A-CLEAR-ERROR Rule 35(a) clear-error correction oral announcement of sentence within 14 days Rule 35(c) defines sentencing as oral announcement; compute under Rule 45. Rule 45(b)(2) forbids extension except as Rule 35 permits; a notice of appeal does not suspend the Rule 35(a) period.; Rule 35(b), Rule 36, appeal, and statutory modification routes are distinct. narrow rule-based correction period CLM-SENT-060, CLM-R3536-004, CLM-R3536-005, CLM-R3536-006, CLM-R3536-007, CLM-R3536-008, CLM-R3536-009, CLM-R3536-010, CLM-R3536-011, CLM-R3536-012
DL-CRIMINAL-DEFENDANT-NOTICE-APPEAL Defendant criminal notice of appeal later of judgment or order entry or government notice of appeal 14 days, subject to the exact Rule 4(b) events Identify the appealed judgment or order, docket entry, government notice, and Rule 26 computation before calculating. Rule 4(b)(3) specifies motions that change the trigger; Rule 4(b)(4) permits no more than 30 additional days from original expiration on good cause or excusable neglect.; Premature notice, inmate filing, mistaken circuit filing, deferred restitution, and local filing facts must be checked; Rule 35(a) does not suspend the clock. mandatory criminal appellate claim-processing deadline with specified trigger and bounded extension CLM-DR-001, CLM-DR-002, CLM-DR-003, CLM-DR-004, CLM-DR-005, CLM-DR-006, CLM-DR-007, CLM-DR-008, CLM-DR-009, CLM-DR-010, CLM-R3536-038, CLM-R3536-039
DL-APPEAL-TRANSCRIPT-ORDER Transcript order or certificate notice of appeal or specified later motion disposition within 14 days Use the actual notice and any Rule 4(a)(4)(A) event identified by Rule 10(b). A court order may alter implementation; payment, transcript portions, and appellee counterdesignation duties remain separate.; No transcript, unavailable transcript, agreed statement, and local record rules have distinct procedures. rule-based record preparation deadline CLM-DR-019, CLM-DR-020
DL-APPELLATE-BRIEFS-DEFAULT Default appellate brief schedule record filing or service of preceding brief 40 days appellant; 30 days appellee; 21 days reply, ordinarily at least 7 days before argument Use Rule 26 and actual filing or service events. A rule or court order may set a different schedule.; Local rules, scheduling orders, expedited proceedings, electronic filing, and custody status may matter. default national briefing schedule subject to rule or order CLM-DR-034, CLM-DR-035, CLM-DR-036, CLM-DR-037
DL-CRIMINAL-REHEARING Criminal petition for rehearing entry of court-of-appeals judgment ordinarily 14 days Use the actual judgment and Rule 26. A local rule or court order may shorten or extend; the government has the specified longer period in covered cases.; Amended decisions, combined petitions, and local procedures must be checked. rule-based rehearing deadline subject to local rule and court order CLM-DR-040, CLM-DR-041, CLM-DR-042, CLM-DR-043, CLM-DR-044
DL-APPELLATE-MANDATE Court-of-appeals mandate rehearing time expiration or denial of the last timely rehearing or stay filing ordinarily 7 days after the later event Use the actual judgment, rehearing, and stay docket. The court may shorten or extend; a qualifying certiorari stay changes issuance.; Mandate timing does not set the certiorari clock or every finality date. default mandate issuance rule subject to court alteration CLM-DR-045, CLM-DR-046, CLM-DR-055
DL-SCOTUS-CERTIORARI Certiorari petition from a court-of-appeals judgment judgment entry or qualifying rehearing disposition 90 days Compute from judgment, not mandate, unless Rule 13.3 resets the period through qualifying rehearing. A Justice may extend no more than 60 days for good cause on a timely application under Rule 13.5.; Appropriately entertained untimely rehearing, sua sponte rehearing, granted rehearing, later judgment, and direct-review route must be checked. Supreme Court jurisdictional filing period with bounded extension authority CLM-DR-047, CLM-DR-048, CLM-DR-049
DL-2255-ONE-YEAR Section 2255 one-year limitation latest applicable event under § 2255(f)(1)–(4) one year Identify the claim-specific statutory trigger, exact event date, Rule 6 computation, and institution-mail facts before calculating. Equitable tolling and any innocence gateway require controlling-circuit authority and fact-specific proof; amendment relation back is separate.; No-direct-appeal finality, impediment causation, new-right retroactivity, due diligence, and distinct claim facts must be separately established. nonjurisdictional federal collateral limitation with four statutory triggers CLM-2255-008, CLM-2255-009, CLM-2255-010, CLM-2255-011, CLM-2255-012, CLM-2255-013, CLM-2255-014, CLM-2255-015, CLM-2255-016, CLM-2255-017, CLM-2255-018, CLM-2255-019, CLM-2255-020, CLM-2255-021, CLM-2255-022
DL-2255-NOTICE-APPEAL Notice of appeal from § 2255 final order entry of judgment or order, subject to Appellate Rule 4(a)(4) ordinarily 60 days because the United States is a party Establish entry, separate-document treatment if relevant, inmate filing, and every timely Rule 4(a)(4) motion. Only the rule's specified motions reset time; Rules 4(a)(5) and (6) have separate bounded requirements.; Certificate proceedings do not replace or extend the notice requirement. civil appeal filing deadline applied by § 2255 Rule 11(b) CLM-2255-060, CLM-2255-061, CLM-2255-066, CLM-2255-067, CLM-2255-068, CLM-2255-075
DL-2255-RULE-59E Rule 59(e) motion after § 2255 judgment entry of judgment 28 days Use judgment entry and Civil Rule 6; classify the motion by substance and timing. Civil Rule 6(b)(2) prohibits extending Rule 59(e)'s time.; Untimely or merits-adding filings may fall under Rule 60 or successive-application law instead. strict nonextendable civil postjudgment period CLM-2255-068, CLM-2255-069, CLM-2255-070
DL-2255-RULE-60-123 Rule 60(b)(1)–(3) outside limit entry of judgment or order no more than one year and within a reasonable time Classify the asserted Rule 60 ground and filing substance before calculating. The one-year outside limit cannot be avoided by relabeling a clause (1)–(3) ground as clause (6).; Successive-application classification precedes ordinary Rule 60 relief; other clauses use reasonable time without this one-year outside limit. civil postjudgment outside limit subject to habeas classification CLM-2255-071, CLM-2255-072, CLM-2255-073
DL-2244-AUTHORIZATION-PANEL Court-of-appeals action on successive-application authorization filing of the authorization motion statutory direction to grant or deny within 30 days Treat the text as a command to the court; separately calculate the underlying claim's § 2255(f) timing and circuit filing requirements. No nationwide tolling or remedy is stated here; controlling circuit law is required.; This is not characterized as jurisdictional and is not a promised decision date. statutory court directive with circuit-specific enforcement consequences CLM-SOS-027, CLM-SOS-042
DL-BOP-AR-BP9 BOP initial administrative remedy request date on which the basis for the request occurred 20 calendar days to complete informal resolution and submit BP-9 Use calendar days and the actual basis date under § 542.14(a). An extension may be allowed for a demonstrated valid reason under § 542.14(b).; Sensitive, DHO, Control Unit, controlled-housing-status, and certain non-Warden decisions use § 542.14(d)'s routes. binding administrative filing rule, distinct from judicial exhaustion doctrine CLM-2241F-024, CLM-2241F-025, CLM-2241F-026, CLM-BOPAR-002, CLM-BOPAR-003, CLM-BOPAR-004
DL-BOP-AR-BP10-BP11 BOP regional and Central Office administrative appeals date the Warden or Regional Director signed the response 20 calendar days for BP-10; 30 calendar days for BP-11 Measure from the signature date specified in § 542.15(a). A valid reason for delay may support an extension.; The correct route depends on any direct-filing provision and rejection history. binding administrative appeal rule, distinct from judicial exhaustion doctrine CLM-2241F-027, CLM-2241F-028, CLM-BOPAR-007, CLM-BOPAR-008
DL-BOP-AR-RESPONSE BOP administrative-remedy response periods accepted filing logged as received 20 days Warden or CCM; 30 days Regional Director; 40 days General Counsel; three days for specified emergency Warden response Calendar days under § 542.18, including the separately stated emergency period. One written extension of 20, 30, and 20 days at institution, regional, and Central Office levels.; After the allotted time including extension, silence may be treated as a denial; acceptance and actual notice must be verified. binding agency response rule CLM-2241F-030, CLM-2241F-031, CLM-BOPAR-009, CLM-BOPAR-010
DL-CLEM-PARDON-FIVE-YEAR-GUIDELINE DOJ pardon waiting guideline release from confinement or conviction when no confinement was imposed at least five years ordinarily should elapse Use the actual release or conviction date and current OPA instructions; this is not a jurisdictional computation rule. Not a court deadline; current OPA guidance may accept an appropriate earlier application.; The President is not restricted by Part 1 and OPA describes acceptance before sentence completion in appropriate cases. advisory Department of Justice guideline, not a limit on presidential power CLM-CLEM-009, CLM-CLEM-011
DL-CLEM-CAPITAL-PETITION DOJ capital clemency petition and supporting papers notice of the scheduled execution date after direct appeal and first § 2255 proceeding petition no later than 30 days after notice; supporting papers no later than 15 days after submission Use the actual notice and submission dates under § 1.10 and immediately verify current execution-specific instructions. Good cause may excuse the stated periods; Part 1 remains advisory and does not restrict the President.; Section 1.10 contains special presentation, repetition, and exceptional-circumstance rules. special advisory DOJ capital-clemency procedure; not a judicial filing deadline CLM-CLEM-030
DL-RULE35B-GOVERNMENT-MOTION Rule 35(b) substantial-assistance government motion sentencing, with the later-motion categories measured under Rule 35(b)(2) within one year under Rule 35(b)(1), or more than one year only within Rule 35(b)(2)(A)–(C) Classify the government motion under the exact one-year or later-motion text and verify the sentencing and information/usefulness dates. No free-floating equitable extension is stated; the later-motion categories are the rule's express route after one year.; The motion must be the government's and the exact information, usefulness, anticipation, and promptness facts control. rule-defined government-motion timing tracks CLM-R3536-014, CLM-R3536-015, CLM-R3536-016, CLM-R3536-017
DL-IMMIGRATION-DETAINER-48-HOURS Immigration-detainer temporary custody time the person otherwise would have been released no more than 48 hours, excluding Saturdays, Sundays, and holidays Exclude the listed days and identify the independent basis for any other custody. No extension appears in § 287.7(d); an independent lawful custody basis is separate.; The regulatory clock begins only when the person otherwise would be released. regulatory temporary-custody ceiling CLM-BOPDDR-002
DL-IADA-ARTICLE-III-180 IADA prisoner-request trial period actual delivery of the compliant request to both prosecutor and appropriate court 180 days Use Article III and controlling time-computation law with proof of both deliveries. Necessary or reasonable continuance for good cause shown in open court with the prisoner or counsel present.; Only covered untried indictments, informations, or complaints in party jurisdictions. statutory interstate-detainer trial period CLM-BOPDDR-006, CLM-BOPDDR-007, CLM-BOPDDR-008
DL-IADA-ARTICLE-IV-120 IADA receiving-state trial period arrival in the receiving jurisdiction under Article IV 120 days Use Article IV and the actual arrival, return, continuance, and trial record. Necessary or reasonable continuance for good cause shown in open court with the prisoner or counsel present.; Coverage, waiver, tolling, dismissal terms, and party status must be verified. statutory interstate-detainer trial period CLM-BOPDDR-009, CLM-BOPDDR-012
DL-BOP-DHO-NOTICE-24-HOURS Advance notice before DHO hearing scheduled DHO hearing written charge notice ordinarily at least 24 hours before the hearing Measure from documented receipt to hearing; account for a valid written waiver. The prisoner may waive the period in writing.; Regulatory violation and constitutional prejudice or remedy are separate questions. regulatory prison-discipline preparation period CLM-BOPDDR-018
DL-PREA-GRIEVANCE-RESPONSE PREA-adjusted grievance decision and emergency response initial sexual-abuse grievance or emergency grievance ordinary final decision within 90 days, up to 70-day written extension; emergency initial response within 48 hours and final decision within 5 calendar days Exclude prisoner appeal-preparation time from the 90 days and preserve extension notice; use calendar time for the emergency route. One ordinary extension up to 70 days with written notice; the regulation states no initial filing deadline for sexual-abuse grievances.; The emergency clock requires alleged substantial risk of imminent sexual abuse. regulatory PREA grievance response periods CLM-BOPAR-029, CLM-BOPAR-030, CLM-BOPAR-031
DL-SR-EARLY-TERMINATION-ONE-YEAR Supervised-release early-termination eligibility threshold commencement of a felony supervised-release term after expiration of one year Compute from the lawful § 3624(e) commencement date and enacted tolling; verify the custody chronology. Apply § 3624(e), Mont, and Rico; do not add automatic absconding tolling.; Section 3583(e)(1) states the threshold for felony supervised release; eligibility does not require termination. statutory eligibility threshold CLM-SRTERM-022, CLM-SRTERM-023, CLM-SRCOND-016
DL-SR-DELAYED-REVOCATION-PREEXPIRY Pre-expiration warrant or summons for delayed revocation expiration of the supervised-release term warrant or summons must issue before expiration; later period only as reasonably necessary for adjudication Calculate the lawful term and verify issuance, not merely application, before expiration. Only enacted term rules and § 3583(i) apply; absconding is not automatic tolling.; Matter must arise before expiration and the later period must be reasonably necessary. jurisdiction-preserving statutory prerequisite CLM-SRREV-039, CLM-SRREV-040
DL-RULE32-1-HEARINGS Rule 32.1 preliminary and revocation hearing timing custody for an alleged violation or commencement of final revocation proceedings prompt preliminary hearing; final revocation hearing within a reasonable time No fixed national day count; use the actual custody and proceeding chronology plus controlling law. Waiver and record-specific delay questions require controlling law.; The preliminary hearing applies to a person in custody and may be waived; the final hearing may be waived. nonfixed national-rule timing standard CLM-SRREV-007, CLM-SRREV-009

Jurisdiction and filing checklist

Control Issue Rule Limitations Claims
JUR-CRIMINAL-VENUE-OFFENSE-DISTRICT ordinary federal criminal charging and trial venue The offense must ordinarily be prosecuted in a district where it was committed; constitutional text, Rule 18, the offense's conduct elements, and any statute control. No offense-specific or case-specific venue is decided. CLM-CHARGE-033
JUR-CRIMINAL-VENUE-CONTINUING-OFFENSE multi-district and specified continuing offenses Section 3237(a) permits the districts it identifies unless Congress expressly provides otherwise. The charged conduct elements and any offense-specific enactment control. CLM-CHARGE-034
JUR-GOV-SUPPRESSION-INTERLOCUTORY government interlocutory review of suppression or exclusion Section 3731 supplies appellate jurisdiction only for its covered orders and conditions, including certification and the Double Jeopardy limit. The precise order, timing, certification, jeopardy, and notice must be verified. CLM-MOTION-025, CLM-MOTION-026
JUR-DEF-DOUBLE-JEOPARDY-COLLATERAL defendant interlocutory criminal appeal Abney recognizes collateral-order jurisdiction for a colorable double-jeopardy denial, not a general route for other pretrial rulings. Every additional issue requires an independent jurisdictional basis. CLM-MOTION-027
JUR-SELL-MEDICATION-COLLATERAL interlocutory review of a Sell medication order A qualifying involuntary-medication order to restore competency is immediately appealable under the collateral-order doctrine. The order and ground for medication must match Sell's jurisdictional holding. CLM-MENTAL-012
JUR-POSTPLEA-CLASS-POWER-TO-CONVICT direct constitutional attack after an unconditional guilty plea A guilty plea by itself does not bar the bounded Class category challenging the government's constitutional power to convict without contradicting the charge, plea, or admitted facts. Agreement waiver, claim content, preservation, admitted facts, and other jurisdictional statutes remain controlling. CLM-PLEA-011, CLM-PLEA-012, CLM-PLEA-041
JUR-APPEAL-WAIVER-NOT-TOTAL notice of appeal when the agreement contains an appeal waiver An appeal waiver does not eliminate every possible appellate claim or counsel's duty to file a notice requested by the defendant. This does not decide the merits, waiver enforcement, scope, exceptions, or appellate jurisdiction over a particular issue. CLM-PLEA-038, CLM-PLEA-039
JUR-DOUBLE-JEOPARDY-ACQUITTAL-RETRIAL retrial after an insufficiency ruling or trial-error reversal A substantive insufficiency acquittal bars retrial, including one based on an erroneously added element; ordinary trial-error reversal does not. The exact ruling and offense must be classified; labels do not control and separate appeal statutes remain necessary. CLM-TRIAL-025, CLM-TRIAL-034
JUR-MISTRIAL-RETRIAL retrial after mistrial Manifest necessity can permit retrial after a court-declared mistrial; after a defendant-requested mistrial, only government conduct intended to provoke the request triggers Kennedy's retrial bar. Consent, objection, cause, alternatives, resolved counts, prosecutorial intent, and the complete record govern. CLM-TRIAL-028, CLM-TRIAL-029, CLM-TRIAL-030
JUR-SENTENCING-STATUTORY-RANGE-FACTS fact used to increase a statutory maximum or mandatory minimum Other than Apprendi's preserved prior-conviction exception, a statutory-range-increasing fact must be admitted or submitted to a jury and proved beyond a reasonable doubt. The charged offense, admission, verdict, prior-conviction issue, remedy, preservation, and retroactivity posture must be established. CLM-SENT-025, CLM-SENT-026
JUR-FINAL-SENTENCE-MODIFICATION district-court authority to modify an imposed term of imprisonment An imposed imprisonment term is final and may be modified only through an express route in § 3582(c) or another applicable statute or rule; § 3553(a) alone is not authority. The exact vehicle, timing, pending appeal, delegation, amendment, and controlling precedent must be identified. CLM-SENT-060, CLM-SENT-061, CLM-SENT-062, CLM-SENT-063
JUR-DIRECT-APPEAL-FINAL-DECISION defendant appeal from a federal criminal judgment Section 1291 covers final district-court decisions, and the sentence ordinarily constitutes final criminal judgment. The actual order, separate statutory routes, notice, standing, waiver, mootness, and remedy must be established. CLM-DR-011, CLM-DR-012
JUR-CRIMINAL-COLLATERAL-ORDER-NARROW interlocutory defendant criminal appeal Criminal finality is stringent and collateral-order review is narrow; Flanagan rejects immediate counsel-disqualification review while Abney recognizes colorable double-jeopardy review. The precise right, order, conclusiveness, separability, effective unreviewability, and controlling law must be established. CLM-DR-013, CLM-DR-014
JUR-CRIMINAL-SENTENCE-APPEAL review of an otherwise final federal sentence Section 3742 supplies party-specific sentence-appeal grounds and disposition authority. The party, statutory ground, preserved issue, waiver, record, and requested disposition control. CLM-DR-016
JUR-DEFERRED-RESTITUTION-NOTICE appeal of later deferred-restitution order A notice from the later restitution order is mandatory when the government properly objects, whether or not the rule is jurisdictional. The initial and amended judgments, notice text and dates, deferred order, and government invocation must be checked. CLM-DR-010
JUR-2255-SENTENCING-COURT initial federal collateral attack under § 2255 The motion is made to the court that imposed the challenged federal sentence. Custody, claim cognizability, saving-clause, successive, transfer, and separate-judgment issues remain distinct. CLM-2255-001, CLM-2255-004, CLM-2255-007
JUR-2255-APPEAL-COA appeal from final § 2255 order Section 2253(c)(1)(B) makes a certificate jurisdictional for the prisoner's appeal; timely notice remains separately required. Government appeals, interlocutory orders, postjudgment classification, issue expansion, and local procedure require separate analysis. CLM-2255-060, CLM-2255-065, CLM-2255-066, CLM-2255-067
JUR-2255-SUCCESSIVE-AUTHORIZATION district-court power over a legally second or successive § 2255 motion Court-of-appeals panel certification must precede district-court merits consideration of a filing legally classified as second or successive. Classification comes first; transfer, dismissal, mixed Rule 60 handling, and the consequence of a particular prior disposition require controlling circuit procedure. CLM-SOS-003, CLM-SOS-004, CLM-SOS-024, CLM-SOS-030
JUR-2241-CORE-CUSTODIAN-DISTRICT respondent and filing district for core present physical custody Default respondent is the immediate custodian and the issuing court must have jurisdiction over that custodian, ordinarily requiring filing in the district of confinement. Not a subject-matter-jurisdiction label; non-core custody, substitution, transfer, and the remedy for defects require posture- and circuit-specific authority. CLM-2241F-011, CLM-2241F-012, CLM-2241F-013, CLM-2241S-013, CLM-BOPSC-027, CLM-BOPPRE-030, CLM-BOPAR-014, CLM-BOPAR-015
JUR-2241-POSTFILING-TRANSFER physical transfer after a properly filed habeas application A later transfer does not necessarily defeat properly acquired habeas authority where a respondent in the original district remains able to effect relief. Actual custody chain, respondent authority, circuit substitution and transfer procedure, and redressability remain required. CLM-2241F-016, CLM-2241F-017, CLM-2241S-023, CLM-BOPSC-030, CLM-BOPAR-024
JUR-CORAM-ORIGINAL-CONVICTING-COURT federal coram nobis filing court Coram nobis is a step in the original federal criminal case and is sought from the court that entered the conviction. All Morgan thresholds, Article III injury, controlling circuit procedure, and the exact federal judgment remain required. CLM-XWRIT-005, CLM-XWRIT-006
JUR-MANDAMUS-APPELLATE-V-DISTRICT appellate supervision and district officer-duty mandamus A court-of-appeals petition directed to a district judge proceeds under § 1651 and Rule 21; a district action to compel a federal officer or agency duty proceeds, if available, under § 1361. Existing jurisdiction, proper respondent or target, clear duty, other remedies, local rules, and the requested act must be verified. CLM-XWRIT-026, CLM-XWRIT-027, CLM-XWRIT-028
JUR-CLEMENCY-FEDERAL-EXECUTIVE sovereign and decisionmaker for presidential clemency The President's clemency power concerns offenses against the United States; state and other sovereign convictions require the separately responsible clemency authority. Specified D.C. Code and territorial routes, military offenses, and mixed judgments require current offense-specific classification. CLM-CLEM-001, CLM-CLEM-002, CLM-CLEM-007
JUR-RULE35-36-SENTENCING-COURT court for Rules 35 and 36 Rules 35 and 36 operate in the original federal criminal case before the sentencing court, subject to a pending appeal and Rule 37 where applicable. The appealed order, docket status, circuit authority, and exact requested act remain required. CLM-R3536-003, CLM-R3536-008, CLM-R3536-032
JUR-SENTMOD-APPEAL-STATUTORY-BASIS sentence-modification appeal jurisdiction The asserted appellate basis must be identified under § 1291, § 3742, or other applicable law; this system does not state one universal jurisdictional route for every postjudgment sentence order. Vehicle, party, order, circuit doctrine, waiver, notice, and government authorization must be checked. CLM-R3536-040, CLM-R3536-044
JUR-BOP-SECTION-3625-CLASSIFICATION judicial review of BOP subchapter-C determinations Apply § 3625's express APA exclusion and any separate § 3621(b) nonreviewability to the actual source and nature of the decision; classify distinct statutory, constitutional, and ultra vires claims separately. Cognizability, cause of action, exhaustion, sovereign immunity, remedy, and controlling circuit law remain separate. CLM-BOPSC-007, CLM-BOPDDR-040, CLM-BOPPRE-028, CLM-BOPAR-019, CLM-BOPAR-020, CLM-BOPAR-022
JUR-SR-SECTION-3605-TRANSFER district holding supervised-release jurisdiction after transfer A § 3605 transfer requires receiving-court concurrence; supervision elsewhere does not alone transfer judicial jurisdiction. Verify the docketed order, concurrence, effective date, and any later transfer. CLM-SRTERM-027, CLM-SRTERM-028, CLM-SRCOND-014
JUR-SR-RULE32-CROSS-DISTRICT initial appearance and transfer from a district lacking revocation jurisdiction Apply Rule 32.1(a)(5)'s distinct violation-in-arrest-district and violation-elsewhere paths; the jurisdiction court conducts the revocation hearing. Arrest district, violation location, certified records, identity, and transfer history must be verified. CLM-SRREV-003, CLM-SRREV-004, CLM-SRREV-005
JUR-SR-SECTION-3583-I post-expiration revocation jurisdiction Delayed revocation exists only when a warrant or summons issued before expiration, the matter arose before expiration, and the later period is reasonably necessary. The term calculation and issuance record are jurisdictionally material; no automatic absconding tolling applies. CLM-SRREV-039, CLM-SRREV-040

Authority verification checklist

  • [ ] Retrieve the current official statute, rule, regulation, guideline, policy, or opinion.
  • [ ] Confirm jurisdiction, court level, posture, holding, publication status, and pinpoints.
  • [ ] Separate holding from dicta and majority from concurrence or dissent.
  • [ ] Check amendments, effective dates, subsequent history, abrogation, and current negative treatment.
  • [ ] Check current circuit local rules, internal operating procedures, standing orders, and forms.
  • [ ] Record the authority ID, source ID, official URL, retrieval date, limitations, and linked claim.
  • [ ] Mark any unresolved proposition not_verified; do not fill the gap with inference.

Filing-ready proof checklist

  • [ ] Each requested element or exception has admissible record support.
  • [ ] The filing identifies the decisionmaker with authority to grant the requested relief.
  • [ ] The requested remedy matches the proven violation and does not exceed statutory discretion.
  • [ ] The submission preserves alternative classifications without making contradictory factual assertions.
  • [ ] The certificate, declaration, signature, service, fee or indigency materials, attachments, and local form are current.
  • [ ] The appellate route, deadline, standard of review, COA status, and stay needs are recorded before filing.

Claim-level source records