Investor Presentaiton
Effective December 1, 2021
(b)
(c)
(1)
(2)
Nebraska Criminal Rules
the attorney's certification that, after careful investigation of potential
conflicts of interest, it is clear that no actual conflict exists or is
foreseeable; and
a written certification signed by each defendant to be represented
stating that the defendant knowingly and voluntarily waives the right
to separate representation, consents to joint representation and,
when applicable, waives the attorney/client privilege.
Government's Response.
The government must respond to the motion within 14 days.
Hearing.
A hearing must be held on a motion to allow joint representation under
Federal Rule of Criminal Procedure 44(c). The hearing may be held ex
parte. Each party subject to or affected by the proposed joint representation
must attend the hearing.
(d)
Court Ruling.
(e)
(f)
Even if the parties affected consent to joint representation, the court must
deny joint representation if a conflict of interest exists or where joint
representation would be contrary to the interests of justice.
Continuing Duty.
If after review of the evidence, representations, and arguments, the court
allows joint representation, and then a potential conflict of interest is
discovered or arises, the party aware of the potential conflict must promptly
notify the court and all other attorneys in the case.
Court's Responsibility.
Nebraska Criminal Rule 44.4(a) through (e) assists the court by obligating
the parties to promptly advise the court of any issue of joint representation.
Subparagraphs (a) through (e), however, do not limit or replace the court's
responsibility and authority under Federal Rule of Criminal Procedure
44(c)(2).
45.1 Time; Computation.
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