Standing Order — In re: All Criminal Matters Assigned to Judge Sherri A. Lydon (Dkt. 88-1, D.S.C.)

Summary

A standing order for all criminal matters assigned to United States District Judge Sherri A. Lydon of the U.S. District Court for the District of South Carolina, filed July 15, 2022 as Entry Number 88-1 in case 4:22-cr-00140-SAL. Motions to continue must state a reason under 18 U.S.C. § 3161(h)(7)(B), include the defendant's signature and the AUSA's consent, and should be filed one week before the pretrial conference; motions to suppress require written briefs. Voir dire requests are due at least seven calendar days before jury selection, joint strikes for cause two days before, and the defense has ten peremptory challenges in non-capital felony cases. The parties must meet and mark exhibits seven calendar days before trial, file plea agreements with element sheets 2 business days before a plea hearing, and use the electronic courtroom presentation system at trial.

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4:22-cr-00140-SAL Date Filed 07/15/22 Entry Number 88-1 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

)
IN RE: ALL CRIMINAL MATTERS ) STANDING ORDER
ASSIGNED TO JUDGE SHERRI A. )
LYDON )

In addition to the Federal Rules of Criminal Procedure and this District’s Local Criminal

Rules, the following rules apply to all criminal matters before the undersigned:

1. Continuances. Motions to Continue that are filed before a scheduled pretrial

conference shall state a reason under 18 U.S.C. § 3161(h)(7)(B) why a continuance is requested.

Motions and proposed orders from defense counsel must include the language that defense

counsel has specifically advised his client that by requesting this continuance, or consenting

thereto, the defendant has agreed to continue his case, the defendant’s signature agreeing to a

continuance of his case, as well as language that defense counsel has consulted with the Assistant

United States Attorney (“AUSA”) assigned to the case and the AUSA consents. Motions to

Continue should be filed one (1) week prior to the date of the pretrial conference.

2. Motions to Suppress. They are to be scheduled for hearing prior to Pre-Trial

Conferences. All Motions to Suppress require filing of written briefs. Motions should be filed as

soon as the Pre-Trial Conference is noticed so the Government can adequately respond.

3. Voir Dire.1 At least seven (7) calendar days prior to jury selection, all voir dire

requests must be emailed to chambers at lydon_ecf@scd.uscourts.gov. See Local Criminal Rule

26.04(A) (D.S.C.). The request forms may be found at www.scd.uscourts.gov. Prior to submitting

any voir dire requests, the parties must confer and determine if they can agree on these requests.

If so, the agreed upon requests must be submitted as joint submissions. The parties must also

submit a list of witnesses and, if relevant, their addresses and occupations. If you intend to seek

1
The Court will ask potential jurors during jury selection if they know or have any connection with
any of the attorneys, parties, or witnesses listed by either party in their pretrial briefs. The Court
will also summarize the allegations and ask if any potential juror is familiar with the dispute or has
any preconceived views that may impair his or her ability to be impartial.
4:22-cr-00140-SAL Date Filed 07/15/22 Entry Number 88-1 Page 2 of 3

special voir dire, you must certify that the questions you wish to ask are not duplicative of those

asked in the juror questionnaire.2

4. Requests to Strike Jurors for Cause. Joint Strikes for Cause must be filed with

the Court no later than two days prior to jury selection. In trials involving more than one defendant,

the defense must select one spokesperson for the purpose of jury selection. Pursuant to Fed. R.

Crim. P. 24(b)(2), the defendant or defendants jointly have ten (10) peremptory challenges in non-

capital felony cases.

5. Jury Instructions. The parties are required to submit jury instructions in

accordance with the Standing Order on Instructions for Proposed Jury Charges for Criminal Cases

Before Judge Lydon.

6. Meet, Mark, and Exchange Exhibits. No later than seven (7) calendar days before

the trial date, the attorneys for each side must meet for the purpose of agreeing and marking all

exhibits to be used at trial and, where possible, agree on the admissibility of trial exhibits. In the

event there is an objection to any exhibit, the opposing party must file objections with the Court at

least four (4) days prior to trial. After the exhibit list is prepared, the parties are not to re-number the exhibits.

If items are deleted, the exhibits should be struck through and marked as withdrawn. The Government may

wait until the day of the trial to mark fungible evidentiary items such as drugs, money, etc.

2
This district requires potential jurors to complete an extensive Juror Questionnaire. A sample
questionnaire is available on the district’s website (www.scd.uscourts.gov). The questionnaire is
intended to provide more thorough information to counsel than would otherwise be available and to
minimize the time necessary to conduct voir dire Copies of the responses to the written
interrogatories submitted to the jury venire will be available for review in CM/ECF. Attorneys
and parties are advised that they must file a “Juror Questionnaire & List Request”
form in the appropriate case via CM/ECF using the Certification -Juror Questionnaire and
List Request event, found under Other Filings -Trial Documents to obtain access to the
questionnaires. You may obtain the form from the Jury Administrator at the Clerk’s
Office or from the Court’s Internet site at https://www.scd.uscourts.gov.
4:22-cr-00140-SAL Date Filed 07/15/22 Entry Number 88-1 Page 3 of 3

7. Proposed Orders. Do not file proposed orders in CM/ECF and do not submit

proposed orders as a result of oral argument unless requested to do so. In the event a proposed

order is requested, or otherwise appropriate, counsel should e-mail a copy of the proposed order

and related motion to lydon_ecf@scd.uscourts.gov in Microsoft Word or WordPerfect format

(double-spaced) and opposing counsel should be copied on the e-mail. The e-mail subject line

should include the case number and the short form of the case name. The e-mail should indicate if

the order was requested or if it relates to a corresponding motion.

8. Plea Agreements and Element Sheets. Plea Agreements that include element and

penalties must be filed with the Court no later than 2 business days prior to a plea hearing.

9. Electronic Courtroom System. Counsel are required to use the electronic

courtroom presentation system during trial. If counsel has not undergone electronic courtroom

training, contact Meredith Cotton in the Clerk of Court’s Office (843-676-3819) regarding use of

the electronic system. However, note that training will not be conducted the week prior to trial or

during trial.

IT IS SO ORDERED.

s/Sherri A. Lydon
United States District Judge

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