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N.D. Fla. Loc. R. 77.4 — Release of Information in Criminal and Civil Cases: the court's own rule, verbatim from LOCAL RULES UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA (Effective November 24, 2015), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Northern District of Florida alongside the federal rules and any judge-specific procedures.
(A) Release of Information by Officials in General. No judicial branch employee (including a judge’s staff, clerks, probation officers, and court reporters), no officer, employee or representative of the United States Marshals Service or court security officer, nor any state, local, or federal law enforcement officer or employee associated with or assisting in the preparation or trial of a criminal case, may disseminate by any means of public communication, without authorization by the Court, information relating to an imminent or pending criminal or civil case that is not part of the public records of the court. (B) Release of Information by Attorneys in Criminal Cases. (1) It is the duty of attorneys, including the United States Attorney, who represent parties in criminal cases, and their respective staffs, not to release or authorize the release of information or opinion which a reasonable person would expect to be disseminated by means of public communication, in connection with pending or imminent criminal litigation with which the attorney is associated, if there is a substantial likelihood that such dissemination will cause material prejudice to a fair trial or otherwise cause material prejudice to the due administration of justice. (2) With respect to a grand jury or other pending investigation of any criminal matter, an attorney participating in or associated with the investigation shall refrain from making any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication, that goes beyond the public record or that is not necessary to inform the public that the investigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the investigation. (3) From the time of arrest, issuance of an arrest warrant, or the filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, no attorney nor others associated with the prosecution or defense shall release or authorize the release of any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication, relating to that matter and concerning: (a) The prior criminal record (including arrests, indictment, or other charges of crime) or the character or reputation of the accused, except that the attorney may make a factual statement of the accused’s name, age, residence, occupation, and family status. If the accused has not been apprehended, an attorney associated with the prosecution may release any information necessary to aid in apprehension of the accused or to warn the public of any dangers the accused may present; (b) The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement; (c) The performance of any examinations or tests or the accused’s refusal or failure to submit to an examination or test; (d) The identity, testimony, or credibility of prospective witnesses, except that the attorney may announce the identity of the victim if the announcement is not otherwise prohibited by law; (e) The possibility of a plea of guilty to the offense charged or a lesser offense; (f) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or the evidence in the case. (4) These prohibitions shall not be construed to preclude the attorney, in the proper discharge of official or professional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, at the time of seizure of any physical evidence other than a confession, admission, or statement, which is limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or referring without comment to public records of the court in the case; from announcing the scheduling or result of any stage in the judicial process; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges. (5) During the trial of any criminal matter, including the period of selection of the jury, no attorney associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview, relating to the trial or the parties or issues in the trial which a reasonable person would expect to be disseminated by means of public communication, except that an attorney may quote from or refer without comment to public records of the court in the case. (6) After the completion of a trial or disposition without trial of any criminal matter, and prior to the imposition of sentence, an attorney associated with the prosecution or defense shall refrain from making or authorizing any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication if there is a substantial likelihood that such dissemination will materially prejudice the imposition of sentence. (7) Nothing in this rule is intended to preclude the formulation or application of more restrictive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative, or to preclude any attorney who represented a party from replying to charges, made public, of attorney misconduct. (C) Release of Information by Attorneys in Civil Cases. An attorney associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a substantial likelihood that such dissemination will cause material prejudice to a fair trial and which relates to: (1) Evidence regarding the occurrence or transaction involved; (2) The character, credibility, or criminal record of a party, witness, or prospective witness; (3) The performance of results or any examinations or tests or the refusal or failure of a party to submit to such; (4) An opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule; or (5) Any other matter reasonably likely to interfere with a fair trial of the action. (D) Special Orders in Widely Publicized and Sensational Cases. In a widely publicized or sensational case, the Court on motion of either party or on its own motion, may issue a special order governing such matters as: (1) extrajudicial statements by parties and witnesses likely to interfere with the rights of the accused to a fair trial by an impartial jury, (2) the seating and conduct in the courtroom of spectators and news media representatives, (3) management and sequestration of jurors and witnesses, and (4) any other matters which the Court may deem appropriate for inclusion in such an order. (E) Sealed Indictments in Criminal Cases. Sealed indictments will be automatically unsealed by the Clerk at the first appearance of any defendant named in that indictment unless otherwise ordered by a judicial officer. (F) Disposition of Sealed Documents in Civil Cases at the Conclusion of the Case. Thirty days after the conclusion of a civil case (expiration of the time to appeal, if no appeal is filed, or voluntary dismissal of the appeal, or receipt of the mandate after an appeal and expiration of the time in which to seek certiorari review in the Supreme Court, if an appeal is taken) all sealed documents maintained in paper form will be returned to the party who submitted them, and the party shall retain the documents for 3 years thereafter.
(A) Release of Information by Officials in General. No judicial branch employee (including a judge’s staff, clerks, probation officers, and court reporters), no officer, employee or representative of the United States Marshals Service or court security officer, nor any state, loc