The United States District and Bankruptcy Courts for the District of Idaho as well as Probation and Pretrial announce operating with reduced staff. For full details and pro se email filing links, please visit the COVID-19 Information section of this website.
Anyone who is experiencing COVID like symptoms or who has tested positive for COVID within the last 14 days must report this to the Court Security Officers at the entrance to any courthouse. Masks are required of all visitors and must be worn at all times while in the courthouse, this includes in court. All staff are required to wear masks while in public spaces at the courthouse. | ||
![]() Boise
Current Stage: IIICourthouse: Open Clerks Office: Open Gatherings: Max 50 People |
![]() Coeur d'Alene
Current Stage: IIICourthouse: Open Clerks Office: Open Gatherings: Max 50 People |
![]() Pocatello
Current Stage: IIICourthouse: Open Clerks Office: Open Gatherings: Max 50 People |
Judge Nye is generally receptive to an initial request for the continuance of a trial setting by the defendant.
A request for further continuances will be closely scrutinized and may well be denied.
Requests for continuance should be supported by an affidavit and should set forth facts from which the Court can conclude whether the requested continuance would support a finding of excludible time under the Speedy Trial Act.
Most criminal cases are resolved by plea agreement. Last minute plea agreements pose a significant challenge for any judge managing a busy trial docket. For that reasons, Judge Nye expects that all plea negotiations will have been completed prior to the time of the Trial Readiness Conference, which is typically scheduled two weeks before trial.
Judge Nye uses the Struck Jury System for jury selection.
Judge Nye conducts most voir dire of the jury panel, but allows counsel 20-30 minutes each for follow-up. Counsel are encouraged to submit proposed questions for Judge Nye to use in his voir dire of the jury.
Trials will typically begin on Monday at 1:30 p.m. Thereafter, trials will be conducted Tuesday through Friday from 8:30 a.m. to 2:30 p.m., with two 20-minute recesses per day.
Witnesses must be disclosed in accordance with procedural order deadlines. In addition, the AUSA trying the case must provide defense counsel at the beginning of the trial with a rolling list of the witnesses they expect to call, and the order in which they will be called. The list must be updated so that defense counsel are aware of any changes in the order of witnesses, at least 36 hours in advance.
Objections to the presentence report must be in writing and submitted by the date ordered.
Motions for departure should be filed on or before the date objections are due.
Counsel are provided with copies of all sentencing materials and recommendations provided to the Court by the Probation Office.
The final report is sealed by the Court after sentencing. Disclosure is limited by Federal Rule of Criminal Procedure and Local Criminal Rule 32.1.
The sentencing in a routine case will be scheduled for 45 minutes. If counsel feels that extensive evidence will be presented or that additional time is necessary, they should contact the Courtroom Deputy at least 2 weeks before the scheduled sentencing date.
Sentencing memoranda are not required.
If submitted, memorandum should be filed at least seven calendar days before the sentencing date.
Letters of support should be submitted to the Presentence Investigator.
Victims and individuals speaking in support of a defendant will be allowed to address the court without being placed under oath. However, individuals whose statements may bear upon a sentencing guideline issue, must be placed under oath and subject to cross examination.
This site provides access to the federal rules and forms in effect, information on the rulemaking process and historical and archival records.