N.D. Fla. Loc. R. 77.4

(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.