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Notice of Non-Compliance (Universal - Federal)

FRCP 52(a), 79 - Federal Compliance

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JURISDICTION: FEDERAL

This template applies to United States District Courts and Circuit Courts of Appeals governed by FRCP, FRAP, and Federal Rules of Evidence.

NOTICE OF NON-COMPLIANCE (Universal - Federal)

⚠️ Before Using This Template

USE this template when:

  • You need to address federal court actor (judge, clerk, counsel, agency) with procedural failure
  • More specific federal template doesn't exist for your situation
  • Federal rule, statute, or regulation was violated
  • You need flexible template adaptable to federal procedure
  • Creating record for multiple related federal compliance issues

DO NOT use this if:

  • Specific federal template exists (judge, clerk, counsel - use those instead)
  • Duty is unclear or disputed under federal law
  • You haven't tried informal resolution appropriate to federal court
  • This is about case outcome rather than procedural compliance
  • Issue requires substantive motion rather than notice

Appropriate Examples:

✅ USE Federal Universal Template:

  1. Magistrate Judge R&R delay: Magistrate failed to issue Report & Recommendation within 14-day deadline (28 U.S.C. §636(b)(1)(B)); District Judge won't intervene; need formal notice for record
  2. Federal probation officer violation: Probation officer disclosed confidential pre-sentence report violating 18 U.S.C. §3552(d); supervised release conditions modified without proper hearing
  3. AUSA Brady/Giglio procedural failure: Prosecutor failed to disclose exculpatory evidence in timely manner violating Brady v. Maryland and Model Rule 3.8; not about substance of evidence but timing/procedure
  4. Federal court reporter transcript delay: Reporter missed 30-day deadline under 28 U.S.C. §753(b); ordered and paid 45 days ago; appeal deadline approaching; need transcript immediately
  5. Multiple federal actors: District Judge + Magistrate Judge + Clerk all failed to process emergency motion timely; single comprehensive notice more efficient than three separate ones
  6. Federal public defender unique violation: CJA counsel failed to file notice of appeal after explicit client instruction violating 18 U.S.C. §3006A(d); different from general assigned counsel template
  7. Federal agency officer (administrative context): SSA ALJ failed to issue written decision within 60 days violating 20 C.F.R. §404.957; need notice before filing APA review
  8. Bankruptcy trustee procedural violation: Trustee failed to timely abandon property under 11 U.S.C. §554; ministerial duty not discretionary decision
  9. Federal mediator exceeded authority: Mediator disclosed confidential ADR communications violating ADR Act (28 U.S.C. §652); unique role not covered elsewhere

❌ DO NOT Use Federal Universal Template:

  1. District Judge won't issue FRCP 52(a) findings → Use federal_notice_judge.md (specific template exists)
  2. Federal clerk won't enter judgment under FRCP 58 → Use federal_notice_clerk.md (role-specific template)
  3. Opposing counsel discovery abuse under FRCP 26 → Use federal_notice_opposing_counsel.md (specific template)
  4. You lost summary judgment motion → Use federal_notice_of_appeal.md (this is appeal, not compliance)
  5. Judge denied your motion and you disagree → Use FRCP 59(e) motion to alter/amend (not procedural notice)
  6. Duty is disputed under federal law → File motion or appeal (universal notice won't resolve legal dispute)

1. Role and Authority

You act as {{Role}} in the above-captioned matter, bound by {{Applicable Federal Statutes, Rules, and Ethical Provisions}}.

2. Identified Duty

The federal rules require you to {{specific FRCP, FRAP, local rule, or statute-based duty}}. No compliant action or written explanation appears in the record filed with the court as of {{date}}.

3. Demand for Compliance

You are hereby demanded to:

  • Perform the required action within {{X}} business days of service of this notice, OR
  • Provide written authority for non-performance, including statutory basis and factual justification, within the same timeframe.

4. Record Preservation

This document serves as:

  • Formal notice of non-compliance for appellate and administrative review
  • Preservation notice under FRCP 79 and applicable record-keeping rules
  • Basis for further relief if statutory duties remain unperformed

5. Service and Filing

This notice is served via {{method of service}} and filed on CM/ECF on {{date}}.

Role Modules

Use the appropriate module below based on the recipient's role.

Judge

Applicable Authority:

  • FRCP 52(a): Findings of fact and conclusions of law required in bench trials
  • FRCP 79: Records maintained by clerk under court's direction
  • 28 U.S.C. §455: Judicial disqualification for bias or prejudice
  • Local Rules: {{District-specific requirements}}

Duties:

  • Issue written findings of fact and conclusions of law in bench trials
  • Provide reasoned decisions on motions and applications
  • Maintain impartial tribunal and provide notice and opportunity to be heard
  • Ensure accurate record for appellate review

Assistant United States Attorney (AUSA)

Applicable Authority:

  • Federal Rules of Professional Conduct
  • Model Rule 3.8: Special responsibilities of prosecutor
  • Model Rule 3.3: Candor toward tribunal
  • 28 C.F.R. Part 600: Conduct of Department of Justice attorneys

Duties:

  • Disclose exculpatory and impeachment evidence (Brady/Giglio)
  • Timely responses to discovery requests
  • Good faith in pleadings and settlement negotiations
  • Disclosure of controlling adverse authority

Federal Public Defender / CJA Counsel

Applicable Authority:

  • Criminal Justice Act, 18 U.S.C. §3006A
  • Model Rules 1.2: Scope of representation
  • Model Rule 1.3: Diligence
  • Model Rule 1.4: Communication with client

Duties:

  • Competent and diligent representation
  • Regular client communication
  • Investigation and preparation
  • Adherence to client's objectives

Court Clerk / Deputy Clerk

Applicable Authority:

  • FRCP 79: Records maintained by clerk
  • FRCP 58: Entry of judgment
  • 28 U.S.C. §753: Court reporters
  • Local Rules: {{District-specific clerk duties}}

Duties:

  • Accurate docketing and record maintenance
  • Timely processing of filings
  • Providing access to court records under public access rules
  • Entry of judgments and orders

Opposing Counsel (Civil)

Applicable Authority:

  • Model Rule 3.3: Candor toward tribunal
  • Model Rule 3.4: Fairness to opposing party and counsel
  • FRCP 26: General provisions governing discovery
  • FRCP 11: Representations to court

Duties:

  • Good faith in pleadings and discovery
  • Disclosure of controlling adverse authority
  • Timely responses to procedural requests
  • Compliance with discovery obligations

Agency Officer (Administrative Law Context)

Applicable Authority:

  • 5 U.S.C. §555: Ancillary matters (APA)
  • 5 U.S.C. §557: Initial decisions
  • Agency-specific regulations
  • 28 U.S.C. §1361: Mandamus jurisdiction

Duties:

  • Timely processing of applications and requests
  • Written decisions with findings and reasoning
  • Compliance with APA procedural requirements
  • Response to FOIA requests under 5 U.S.C. §552

Service Certification

I certify that this Notice of Non-Compliance was served upon {{Recipient Name}} via {{method - CM/ECF, certified mail, etc.}} on {{date}}.

{{Your Signature}} {{Your Name}} {{Contact Information}}