District of South Dakota

Electronic Filing Scam Targets Attorneys

Thu, 07 Nov 2024 18:15:30 +0000

Thursday, November 7, 2024

Electronic Filing Scam Targets Attorneys

Published on November 6, 2024

Attorneys across the country are being targeted with fake electronic filing notifications, in which emails purporting to come from the federal Judiciary’s Case Management/Electronic Case Files (CM/ECF) system lead recipients to a malicious website with computer viruses.

According to the IT Security Office for the Administrative Office of the U.S. Courts, the fake Notices of Electronic Filing prompt recipients to reply immediately. Recipients are then sent an email containing a link to access fake case documents that direct users to a malicious website.

To avoid becoming a victim of the scam, be sure to always validate cases and case documentation directly through your local federal court’s CM/ECF system. Never download attachments or click on links from unofficial or questionable sources.

If you receive a suspicious email regarding a federal court case, contact the federal court in your jurisdiction before opening any attachments or links.

Visit the federal court scams page for more information about scams targeting people who interact with the federal courts.

Juror Scams

Fri, 20 Sep 2024 14:39:57 +0000

Friday, September 20, 2024

Jury Scams. Recently, the Court has been alerted to several jury scams that have taken place across the district. In four separate incidents, South Dakota residents were contacted via phone and told that they were in contempt of court for failure to appear for jury duty. A Lyman County resident was instructed to travel to the Walmart in Pierre and buy gift cards from the kiosk. Fortunately, the individual contacted a court employee where he discovered that the call was a scam.

Another call involved an individual who was informed that he failed to appear for a federal jury trial in Rapid City before Judge Lange. The caller wanted the individual to post bond for failure to appear. The individual told the caller that he never received a letter or summons from the court. Fortunately, the individual verified the information with the Clerk’s Office and did not send money to the scammer.

In two recent incidents, individuals were called and told that they had missed jury duty. The first person was informed that she would have to pay $4,000 to resolve the issue and was instructed to obtain a money order from the bank. The individual was also told to provide odometer readings prior to leaving her house and upon returning from the bank. The second individual ended the call shortly after the caller threatened him. In both cases, the caller indicated that he knew where the individuals lived and claimed to know where one of them worked.

Regarding jury duty, please keep the following facts in mind:

The court will always send a jury summons by U.S. Mail. The summons will never request a credit/debit card number, bank routing number, account number, wire transfer, or demand any type of payment over the phone.
On the day of jury duty, if a juror has not checked-in, the Clerk’s Office may attempt to call the juror and inquire about their attendance. A juror who fails to report for jury duty will be contacted via mail by the District Court Clerk’s Office and they may, in certain circumstances, be ordered to appear before a judge. Such orders will always be in writing and signed by a judge.
If a juror is summoned to court for failure to appear for jury duty, they will be given an opportunity to discuss the matter with the judge. If a fine is imposed, it will be ordered in open court and reduced to writing.

If you know someone who has been the target of this type of scam, please encourage them to report the incident to the proper authorities. If the caller claims to be from federal court, please contact the FBI office. If the caller claims to be from state court, please contact local law enforcement (Police Department or Sheriff’s Office). It is a federal crime for anyone to falsely represent themselves as a federal court official.

attorney newsletter 9-13-24.pdf

Power Act Educational Event Video – July 19, 2024

Tue, 30 Jul 2024 19:01:42 +0000

Tuesday, July 30, 2024

In recognition of the important role the Judiciary plays in assisting victims of domestic violence and in compliance with the POWER Act, the District of South Dakota is pleased to have cosponsored a virtual POWER Act event which took place on Friday, July 19, 2024.

A recording of the event is available at here.

2024 Holiday Schedule

Mon, 04 Dec 2023 17:07:29 +0000

Monday, December 4, 2023

The Court has issued its 2024 Holiday Schedule.

In addition to observing eleven federal holidays, the Court will be closed the day after Thanksgiving.
The Court will be closed for the following 2024 holidays:

Monday, January 1, 2024.................New Year’s Day
Monday, January 15, 2024...............Birthday of Martin Luther King, Jr.
Monday, February 19, 2024.............Presidents’ Day
Monday, May 27, 2024.....................Memorial Day
Wednesday, June 19, 2024...............Juneteenth National Independence Day
Thursday, July 4, 2024......................Independence Day
Monday, September 2, 2024...........Labor Day
Monday, October 14, 2024..............Indigenous People's Day
Monday, November 11, 2024..........Veterans Day
Thursday, November 28, 2024........Thanksgiving Day
Friday, November 29, 2024.............Local Holiday
Wednesday, December 25, 2024....Christmas Day
Wednesday, January 1, 2025...........New Year’s Day

2024 Court Holiday Schedule.pdf

Looking to Pay a Violation Notice Received on Federal Property?

Tue, 02 May 2023 16:33:46 +0000

Tuesday, May 2, 2023

Looking to Pay a Violation Notice Received on Federal Property?

If you have received a violation notice (ticket) for an offense committed on federal property (e.g., on a military base, national park, federal building, etc.), use the following federal Judiciary website that was recently redesigned – https://www.cvb.uscourts.gov – to make paying fines easier.

The new website now has

• Mobile-friendly design,

• Online payment form integrated with pay.gov,

• Optimized searching,

• Interactive frequently asked questions, and

• New accessibility tools.

The website, along with all violation notice processing, is managed for the Judiciary by its Central Violations Bureau, or CVB. This national center processes tickets issued and payments received for offenses committed on federal property, or for violations of federal law that occur elsewhere. The website includes information on mandatory or optional appearances in court and expected court dates.

Attorney Newsletter February 2022

Fri, 11 Feb 2022 22:04:03 +0000

NEWS FROM U.S. DISTRICT COURT

February 11, 2022

Applicants sought for Bankruptcy Judge. The 8th Circuit Court of Appeals is seeking applicants for the position of Bankruptcy Judge. Current Bankruptcy Judge Charles Nail, Jr. has announced that he will retire next January. The successful applicant will serve for a 14-year appointment. Applications must be received by Monday, March 21, 2022. For more information about the position and the selection process, see the Public Notice South Dakota Bankruptcy Judge Position and Application Form posted on the district court’s website.

Proposed Rule Changes. In the December newsletter we advised that we are in the process of updating our local rules of practice. Recently the Court made additional changes to Crim. LR 58.10 and added a new rule regarding court security officer duties: Crim. LR 57.12 and Civ. LR 83.10. As a result, the proposed rules have been updated and re-posted on the Court’s website for an additional 30 days. If you have any comments or suggestions, please email them to [email protected].

Ordering Transcripts—a Refresher Course. The court uses a combination of court reporters and an electronic recording program called For the Record (FTR) to create the record. If a court reporter is present at a hearing or trial, the court reporter prepares the official record and any transcripts. If a hearing is recorded with FTR and a transcript is ordered, a court reporter prepares the transcript from the FTR recording.

How to order a transcript depends on whether you are appointed counsel under the Criminal Justice Act (CJA) or retained counsel.

1. CJA Counsel

To order a transcript of a proceeding covered by a court reporter or recorded using FTR, CJA counsel must submit an Authorization for Transcript (AUTH-24) in eVoucher. It is not sufficient to request a transcript on the record, you must submit an AUTH-24. For directions on creating an AUTH-24, go to page 70 of the CJA eVoucher Attorney User Manual located at https://www.sdd.uscourts.gov/sdevouchermanual.

2. Retained Counsel

To order a transcript if you are retained counsel, you must complete the Transcript Order Form located on the court’s website. By completing and electronically submitting the order form, the court reporter receives immediate notice and processes the order. If there was no reporter, select “No_Reporter – Digitally Recorded” from the drop-down menu and the clerk’s office will process the order.

If you request a cost estimate only and then decide to order the transcript, you must resubmit the form to order the actual transcript(s).

Note: Regardless of whether you are retained or CJA counsel, if you are ordering transcripts for an appeal, it is important to order them as soon as possible since the Eighth Circuit sets the transcript deadline at the time the notice of appeal is filed.

Friday, February 11, 2022

Memorandum Opinion and Order in Planned Parenthood MN, ND, SD, et al. v. Noem, et al., 4:22-cv-4009 KES (D.S.D. Feb. 8, 2022)

Fri, 11 Feb 2022 21:10:25 +0000

Wednesday, February 9, 2022

Planned Parenthood Opinion

22-4009 Mem Op and order.pdf

Attorney Newsletter August 2021

Fri, 13 Aug 2021 20:19:16 +0000

NEWS FROM U.S. DISTRICT COURT

August 13, 2021

COVID UPDATE: Due to a renewed spread of COVID-19 and its Delta variant, the Centers for Disease Control and Prevention (CDC) recently revised its guidance to recommend that even fully vaccinated people wear masks in public indoor settings in areas of substantial or high transmission of COVID-19. In accordance with the guidance, Chief Judge Roberto Lange has entered Amended Standing Order 21-6. Among other things, it requires that masks be worn in all common areas of any courthouse and probation office located within a South Dakota County experiencing substantial or high transmission of COVID-19 as defined by the CDC. A gaiter, bandana, or handkerchief does not qualify as a mask under the standing order. Currently masks are required to be worn in all four courthouses.

DECLARATIONS VS. AFFIDAVITS: Recently we’ve noticed some confusion surrounding affidavits and declarations. A declaration is a formal statement. An affidavit, by contrast, is a declaration that is sworn to before an officer authorized to administer oaths. Black’s Law Dictionary (5th ed). There are separate events in CM/ECF for filing declarations and affidavits.

To file a declaration in either a civil or criminal case, select the Declaration event under Other Filings à Other Documents. During filing, you will be given the opportunity to link the declaration to another document filed in the case. If the declaration is related to a motion, you should create a link between the declaration and the motion. Prior to ruling on a motion, the court frequently runs a Pending Motions Report. All documents filed in CM/ECF that are linked to a pending motion are included on this report. Linking a declaration to a pending motion helps ensure that the court considers it prior to ruling on the motion.

There are several affidavit events to choose from in CM/ECF. To determine the appropriate event, click on Search on the CM/ECF menu bar. Type the word “affidavit” in the Search Menus and Events box and a list of active hyperlinks for all CM/ECF menu items and events containing the word “affidavit” will display. Click on the appropriate affidavit event and follow the prompts. Again, if you are filing an affidavit in support of a motion or an affidavit in opposition to a motion you will be given the opportunity to create a link between the affidavit and the motion, so it appears on a Pending Motions Report.

For more information about electronically filing documents in CM/ECF, see the CM/ECF User Manual on the district court’s website located at www.sdd.uscourts.gov.

TIP OF THE MONTH: This is a reminder about the signature requirements for documents filed with the court.

When an attorney or pro se filer electronically files a document in CM/ECF, the signature block in the document must include an ink or facsimile signature of the filer (a reproduction of the filer’s ink signature that is saved electronically or by imprinting stamping) or the typed name of the filer preceded by an “/s/,” as shown in the following example:

/s/ Nelson E. Wiseman

Unless a typed name preceded by an “/s/” is not allowed (see 3 and 4 below), this is the preferred method for signing a

document that is electronically filed in CM/ECF.

This is so the document can be converted to PDF, rather than scanned to PDF before it is filed.

The signature on a document that is electronically filed in CM/ECF must belong to the same person whose PACER account is used to e-file the document. The signature on the document, together with the filer’s PACER username and password, serve as the filer’s electronic signature for purposes of the federal rules of procedure, the local rules of practice of this district court, and any other purpose for which a signature is required in connection to proceedings before this court.

A facsimile signature or the typed name of the filer preceded by an “/s/” is NOT allowed when a document that is exempted from mandatory electronic filing is manually delivered to the Clerk’s Office for filing. In this instance, the document must contain the filer’s actual ink signature.

Affidavits and declarations signed by anyone other than the attorney or pro se filer who files them in CM/ECF must contain the actual ink signature of the affiant or declarant. Notarized documents must also contain the actual ink signature of the notary public.

Friday, August 13, 2021