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D. Utah DUCrimR 5-1

United States Probation Office Reports and Documents

activein force · 2025-12-01 – presentact-effective-date

(a) Report.

When the United States requests the detention of a defendant, the magistrate

judge will request a report (e.g., a pretrial services report or supervised release

report) under 18 U.S.C. § 3154 from the probation office. The report must

address rebuttable presumptions of detention under 18 U.S.C. § 3142(e)(2) and

potential penalties for the alleged violation.

(b) Filing.

Before the defendant’s first court appearance, the probation officer must, when

possible, file the report in the court’s CM/ECF system consistent with General

Order 24-004, unless the court orders otherwise.1

(c) Documents.

(1) When the court receives documents, excluding those received from

probation, the government, or defense counsel, relevant to the issue of

detention before a hearing and does not consider the documents, the

courtroom deputy will forward a copy to the relevant party’s attorney

when represented or party when unrepresented and not file a copy in the

case. If the court considers the documents in advance of the hearing or at

the hearing, the courtroom deputy will provide copies to the parties and

file copies in CM/ECF within 3 days after the hearing as a supplement to

the report.

(2) If a person brings documents relevant to the issue of detention to a

hearing and the court considers the documents, the courtroom deputy will

file copies in CM/ECF within 3 days after the hearing as a supplement to

the report.

1 In 2025, the Administrative Office of the U.S. Courts directed the district courts to implement

new procedures for the storage and management of sealed documents. Consistent with that

direction, the court issued General Order 25-004, which removes electronic access in CM/ECF

to restricted and sealed documents. Although these documents must still be filed in CM/ECF in

compliance with local rules, the ECF Procedures Manual, and General Order 24-004, parties

must serve them by other appropriate means under the applicable Federal Rules of Procedure.

For details, see General Orders 25-004 and 24-004. Additional general orders may be issued as

needed regarding electronic access to sealed and restricted documents.

(3) These documents must be filed in CM/ECF system consistent with General

Order 24-004, unless the court orders otherwise.2

(d) Confidentiality, Use, and Disposal of Reports and Documents.

(1) The reports are confidential, subject to the limitations and exceptions of

18 U.S.C. § 3153(c).

(2) A copy of the report must be made available to court, defense counsel,

and the government as soon as possible but no later than at the time of

the hearing.

(3) Defense counsel may discuss and review the report with the defendant.

(4) Defense counsel and the government must not disclose the report to

other parties or nonparties absent a court order, rule, or policy.

(5) An unrepresented defendant must return the copy of the report they

received to the probation officer within 7 days after the hearing where the

report or document was considered. An unrepresented party must not

disclose or disseminate copies of the report.

(6) When information in a report or document is disclosed, the recipient must

keep the information confidential and use the information only for

administering justice.

(e) Requests for Additional Disclosure.

(1) The court may authorize the additional disclosure of a report,

separate from that which is authorized by this rule, after receiving a

written motion and upon a showing a good cause and after

considering:

(A) any promise of confidentiality to the source of the information;

(B) any harm that such disclosure might cause to any person;

2 See n.1.

(C) the objective of confidentiality, as stated in the confidentiality

regulations; and

(D) the purpose of the disclosure.

(2) The motion requesting disclosure of a report should be made to the

district or magistrate judge assigned to the case.

Provenance

Source
www.utd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
23751e0b1d221b6611fb163d52f56f691264a047bfcd946dc31ad75059ce06ad
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