(a) Presentence Reports; Time of Service. Unless otherwise directed by the court, in all cases where a person is to be sentenced for commission of a felony, the prosecuting attorney and the defendant's attorney shall, not less than three days before the sentencing date, serve a copy of his/her presentence report upon the opposing party and the original to the sentencing judge. The Department of Corrections shall serve a copy of its report when ordered upon the prosecuting attorney and the defense attorney and the original to the sentencing judge not less than three days before the sentencing date.
(b) Exceptional Sentences. Any party requesting that the court impose an exceptional sentence shall serve on the opposing counsel and provide a working copy to the court of the proposed findings in support of the request for an exceptional sentence to the court and opposing counsel no later than seven days before the date scheduled for sentencing. When exceptional sentences are agreed, the parties shall jointly submit proposed findings in support of the request for an exceptional sentence no later than seven days before the date scheduled for sentencing. Working copies shall be submitted pursuant to LCR 7(b)(4)(F) to the extent not inconsistent with this rule.
(c) Penalties for Violation. A violation of this rule may result in the refusal of the court to proceed with the sentencing until after reports and/or proposed findings have been provided as directed herein, and in the imposition of terms; or the court may proceed to impose sentence without regard to the violation.
[Amended effective September 1, 2001; September 1, 2002; June 1, 2009; September 1, 2020.]