US · rules
E.D. Tenn. L.R. 83.2
Public Statements by Attorneys
(a) Civil Proceedings. No lawyer or law firm associated with a civil action shall, 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 materially prejudice the proceeding and if such dissemination 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 or results of any examinations or tests or the refusal or failure of a
party to submit to such;
(4) the attorney's opinion as to the merits of the claims or defenses of a party, except
as required by law or administrative rule; and
(5) any other matter reasonably likely to interfere with a fair trial of the action.
(b) Criminal Proceedings
(1) General Statement. In connection with pending or imminent criminal litigation
with which an attorney or a law firm is associated, it is the duty of the attorney or law firm 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, if there is a substantial likelihood that such
dissemination will materially prejudice the proceeding or otherwise prejudice the due
administration of justice.
(2) Information Regarding Grand Jury Proceedings. With respect to a grand jury
or other pending investigation of any criminal matter, a lawyer participating in the investigation
shall refrain from making any extrajudicial statement, for dissemination by any means of public
communication, that goes beyond the public record or that is not necessary to inform the public
that the investigation is under way, 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) Information Regarding Initiation of Prosecution. 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 lawyer associated with the
prosecution or defense shall release or authorize the release of any extrajudicial statement, for
dissemination by any means of public communication, relating to that matter and concerning:
(a) the prior criminal record, including arrest, indictments, or other charges of
crime, or the character or reputation of the accused, except that the lawyer
may make a factual statement of the accused’s name, age, residence,
occupation, and family status, and if the accused has not been apprehended,
a lawyer associated with the prosecution may release any information
necessary to aid in apprehension of the accused or to warn the public of any
dangers he or she may present;
(b) the existence of 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 lawyer 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;
or
(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.
The foregoing shall not be construed to preclude the lawyer during this period, in the proper
discharge of his or her official or professional obligations, from announcing the facts 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
charges; 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 made against him or her.
(4) Information During the Trial. During the trial of any criminal matter, including
the period of selection of the jury, no lawyer 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, if there is a substantial likelihood that such dissemination will materially prejudice
the proceeding. A lawyer is permitted to quote from or refer without comment to public records
of the Court in the case.
(5) Information After Completion of a Trial and Prior to Imposition of Sentence.
After the completion of a trial or disposition without trial of any criminal matter, and prior to the
imposition of sentence, a lawyer associated with the prosecution or defense shall refrain from
making or authorizing any extrajudicial statement for dissemination by any means of public
communication if there is a substantial likelihood that such dissemination will materially prejudice
the proceeding.
(6) Disclosure of Information by Courthouse Personnel. All court personnel,
including, among others, marshals, deputy marshals, court clerks, bailiffs, and court reporters, are
prohibited from disclosing to any person, without authorization by the Court, information relating
to a pending grand jury proceeding or criminal case that is not part of the public records of the
Court. The divulgence of information concerning grand jury proceedings, in camera arguments,
and hearings held in chambers or otherwise outside the presence of the public is likewise forbidden.
(c) Provisions for Special Orders in Widely Publicized or Sensational Civil and Criminal
Cases. In a widely publicized or sensational civil or criminal case, the Court, on motion of either
party or its own motion, may issue a special order governing such matters as extrajudicial
statements by parties and witnesses; the seating and conduct in the courtroom of spectators and
news media representatives; the management and sequestration of jurors and witnesses; and any
other matters which the Court may deem appropriate for inclusion in such an order.
(d) Exceptions to This Rule. Nothing in this rule is intended (1) to preclude the formation or
application of more restrictive rules relating to the release of information about juvenile or other
offenders; (2) to preclude the holding of hearings or the lawful issuance of reports by legislative,
administrative, or investigative bodies; or (3) to preclude any lawyer from replying to charges of
misconduct that are publicly made against him or her.
Provenance
- Source
- www.tned.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
d6aa2bba99b842bed3c4e43ebf11d1d7dfbea6331ea0fb51319a54eebc2842a2
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