W.D. Tex. Local Rule CR-5A — Pretrial Services Interview and Report: the court's own rule, verbatim from LOCAL COURT RULES OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS (Effective: April 26, 2023), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Western District of Texas alongside the federal rules and any judge-specific procedures.
(a) Interview. (1) Notice to Defendant. Before conducting a pretrial services interview, the pretrial services officer must notify the defendant of: (A) the circumstances under which the information the defendant provides must be disclosed; and (B) the defendant's rights during the interview, including: (i) the defendant's right not to be questioned regarding the charges in the case; (ii) the defendant's right to decline to speak or provide any information to the officer; and (iii) the defendant's right to counsel during the interview. (2) Notification Form. A form notifying the defendant of the rights set out in subsection (a)(1) is appended to this rule. (3) Presence of Counsel. If the defendant wishes to have the assistance of counsel during the interview, the pretrial services officer must afford a reasonable opportunity for counsel to be present. (b) Use and Disclosure of Pretrial Service Report and Related Information. (1) In General. The use and disclosure of the pretrial services report, and any information obtained by the pretrial services officer in the course of performing the pretrial services function, are governed by 18 U.S.C. § 3153(c). The pretrial services officer must limit disclosure to the minimum information and the minimum number of persons necessary to carry out the purpose of the disclosure. (2) Disclosure of the Pretrial Services Report. The pretrial services report must be disclosed to the attorney for the defendant and the attorney for the government. The report should not be re-disclosed to other persons by the attorney for the defendant or the attorney for the government. (3) Disclosure of the Pretrial Services Recommendation. Unless otherwise ordered by the court, the pretrial services officer's recommendation as to the propriety and conditions of release will be disclosed to the parties with the pretrial services report.
(a) Interview. (1) Notice to Defendant. Before conducting a pretrial services interview, the pretrial services officer must notify the defendant of: (A) the circumstances under which the information the defendant provides must be disclosed; and (B) the defendant's rights during t