Not later than twenty-eight (28) days after service of responsive briefs and subject to the convenience of
the Court’s calendar, the Court will conduct a Claim Construction Hearing, if the court believes a hearing
is necessary for construction of the claims at issue. The Court may also order in its discretion a tutorial
hearing, to occur before, or on the date of, the Claim Construction Hearing.
Attached as Appendix B is a timeline illustrating the exchange and filing deadlines set forth in these
Patent Local Rules.
APPENDIX A: APPROVED FORM OF JOINT CLAIM
CONSTRUCTION WORKSHEET
JOINT CLAIM CONSTRUCTION WORKSHEET
PATENT CLAIM AGREED PROPOSED PLAINTIFF’S DEFENDANT’S COURT’S
CONSTRUCTION PROPOSED PROPOSED CONSTRUCTION
CONSTRUCTION CONSTRUCTION
1. Claim language as it Proposed construction Plaintiff’s proposed Defendant’s proposed Blank column for Court
appears in the patent if the parties agree. construction if parties construction if parties to enter its construction.
with terms and disagree. disagree.
phrases to be
construed in bold.
2. Claim language as it Proposed construction Plaintiff’s proposed Defendant’s proposed Blank column for Court
appears in the patent if the parties agree. construction if parties construction if parties to enter its construction.
with terms and disagree. disagree.
phrases to be
construed in bold.
3. Claim language as it Proposed construction Plaintiff’s proposed Defendant’s proposed Blank column for Court
appears in the patent in the parties agree. construction if parties construction if parties to enter its construction
with terms and disagree. disagree.
phrases to be
construed in bold.
APPENDIX B: TIMELINE FOR PATENT CASES IN THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
CALIFORNIA
MODEL PROTECTIVE ORDER
1
3
5
7
8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
11 Plaintiff, Case No.: 00cv0000
12 Plaintiff,
PROTECTIVE ORDER
13 v.
14 Defendant,
15 Defendant.
17 The Court recognizes that at least some of the documents and information
18 ("materials") being sought through discovery in the above-captioned action are, for
19 competitive reasons, normally kept confidential by the parties. The parties have agreed to
20 be bound by the terms of this Protective Order (“Order”) in this action.
21 The materials to be exchanged throughout the course of the litigation between the
22 parties may contain trade secret or other confidential research, technical, cost, price,
23 marketing or other commercial information, as is contemplated by Federal Rule of Civil
24 Procedure 26(c)(1)(G). The purpose of this Order is to protect the confidentiality of such
25 materials as much as practical during the litigation. THEREFORE:
26 DEFINITIONS
27 1. The term "confidential information" will mean and include information
28 contained or disclosed in any materials, including documents, portions of documents,
00cv0000
1 answers to interrogatories, responses to requests for admissions, trial testimony, deposition
2 testimony, and transcripts of trial testimony and depositions, including data, summaries,
3 and compilations derived therefrom that is deemed to be confidential information by any
4 party to which it belongs.
5 2. The term "materials" will include, but is not be limited to: documents;
6 correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other
7 material that identify customers or potential customers; price lists or schedules or other
8 matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks;
9 contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk
10 diaries; appointment books; expense accounts; recordings; photographs; motion pictures;
11 compilations from which information can be obtained and translated into reasonably usable
12 form through detection devices; sketches; drawings; notes (including laboratory notebooks
13 and records); reports; instructions; disclosures; other writings; models and prototypes and
14 other physical objects.
15 3. The term "counsel" will mean outside counsel of record, and other attorneys,
16 paralegals, secretaries, and other support staff employed in the law firms identified
17 below:
19 [“Counsel”@ also includes , in-house attorneys for
20 [Plaintiff] and , in-house attorneys for [Defendant].]
21 GENERAL RULES
22 4. Each party to this litigation that produces or discloses any materials, answers
23 to interrogatories, responses to requests for admission, trial testimony, deposition
24 testimony, and transcripts of trial testimony and depositions, or information that the
25 producing party believes should be subject to this Protective Order may designate the same
26 as "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL ONLY."
27 a. Designation as "CONFIDENTIAL": Any party may designate information as
28 "CONFIDENTIAL" only if, in the good faith belief of such party and its counsel, the
00cv0000
1 unrestricted disclosure of such information could be potentially prejudicial to the business
2 or operations of such party.
3 b. Designation as "CONFIDENTIAL - FOR COUNSEL ONLY": Any party
4 may designate information as "CONFIDENTIAL - FOR COUNSEL ONLY" only if, in the
5 good faith belief of such party and its counsel, the information is among that considered to
6 be most sensitive by the party, including but not limited to trade secret or other confidential
7 research, development, financial or other commercial information.
8 5. In the event the producing party elects to produce materials for inspection, no
9 marking need be made by the producing party in advance of the initial inspection. For
10 purposes of the initial inspection, all materials produced will be considered as
11 "CONFIDENTIAL - FOR COUNSEL ONLY," and must be treated as such pursuant to the
12 terms of this Order. Thereafter, upon selection of specified materials for copying by the
13 inspecting party, the producing party must, within a reasonable time prior to producing
14 those materials to the inspecting party, mark the copies of those materials that contain
15 confidential information with the appropriate confidentiality marking.
16 6. Whenever a deposition taken on behalf of any party involves a disclosure of
17 confidential information of any party:
18 a. the deposition or portions of the deposition must be designated as
19 containing confidential information subject to the provisions of this
20 Order; such designation must be made on the record whenever possible,
21 but a party may designate portions of depositions as containing
22 confidential information after transcription of the proceedings; [A]
23 party will have until fourteen (14) days after receipt of the deposition
24 transcript to inform the other party or parties to the action of the
25 portions of the transcript to be designated "CONFIDENTIAL" or
26 "CONFIDENTIAL - FOR COUNSEL ONLY.”
27 b. the disclosing party will have the right to exclude from attendance at
28 the deposition, during such time as the confidential information is to be
00cv0000
1 disclosed, any person other than the deponent, counsel (including their
2 staff and associates), the court reporter, and the person(s) agreed upon
3 pursuant to paragraph 9 below; and
4 c. the originals of the deposition transcripts and all copies of the
5 deposition must bear the legend "CONFIDENTIAL" or
6 "CONFIDENTIAL - FOR COUNSEL ONLY," as appropriate, and the
7 original or any copy ultimately presented to a court for filing must not
8 be filed unless it can be accomplished under seal, identified as being
9 subject to this Order, and protected from being opened except by order
10 of this Court.
11 7. All confidential information designated as "CONFIDENTIAL" or
12 "CONFIDENTIAL FOR COUNSEL ONLY" must not be disclosed by the receiving party
13 to anyone other than those persons designated within this order and must be handled in the
14 manner set forth below and, in any event, must not be used for any purpose other than in
15 connection with this litigation, unless and until such designation is removed either by
16 agreement of the parties, or by order of the Court.
17 8. Information designated "CONFIDENTIAL - FOR COUNSEL ONLY" must
18 be viewed only by counsel (as defined in paragraph 3) of the receiving party, and by
19 independent experts under the conditions set forth in this Paragraph. The right of any
20 independent expert to receive any confidential information will be subject to the advance
21 approval of such expert by the producing party or by permission of the Court. The party
22 seeking approval of an independent expert must provide the producing party with the name
23 and curriculum vitae of the proposed independent expert, and an executed copy of the form
24 attached hereto as Exhibit A, in advance of providing any confidential information of the
25 producing party to the expert. Any objection by the producing party to an independent
26 expert receiving confidential information must be made in writing within fourteen (14)
27 days following receipt of the identification of the proposed expert. Confidential
28 information may be disclosed to an independent expert if the fourteen (14) day period has
00cv0000
1 passed and no objection has been made. The approval of independent experts must not be
2 unreasonably withheld.
3 9. Information designated "confidential" must be viewed only by counsel (as
4 defined in paragraph 3) of the receiving party, by independent experts (pursuant to the
5 terms of paragraph 8), by court personnel, and by the additional individuals listed below,
6 provided each such individual has read this Order in advance of disclosure and has agreed
7 in writing to be bound by its terms:
8 a) Executives who are required to participate in policy decisions with
9 reference to this action;
10 b) Technical personnel of the parties with whom Counsel for the parties
11 find it necessary to consult, in the discretion of such counsel, in
12 preparation for trial of this action; and
13 c) Stenographic and clerical employees associated with the individuals
14 identified above.
15 10. With respect to material designated "CONFIDENTIAL" or
16 "CONFIDENTIAL – FOR COUNSEL ONLY," any person indicated on the face of the
17 document to be its originator, author or a recipient of a copy of the document, may be
18 shown the same.
19 11. All information which has been designated as "CONFIDENTIAL" or
20 "CONFIDENTIAL -FOR COUNSEL ONLY" by the producing or disclosing party, and
21 any and all reproductions of that information, must be retained in the custody of the counsel
22 for the receiving party identified in paragraph 3, except that independent experts authorized
23 to view such information under the terms of this Order may retain custody of copies such
24 as are necessary for their participation in this litigation.
25 12. Before any materials produced in discovery, answers to interrogatories,
26 responses to requests for admissions, deposition transcripts, or other documents which are
27 designated as confidential information are filed with the Court for any purpose, the party
28 seeking to file such material must seek permission of the Court to file the material under
00cv0000
1 seal.
2 13. At any stage of these proceedings, any party may object to a designation of
3 the materials as confidential information. The party objecting to confidentiality must
4 notify, in writing, counsel for the designating party of the objected-to materials and the
5 grounds for the objection. If the dispute is not resolved consensually between the parties
6 within seven (7) days of receipt of such a notice of objections, the objecting party may
7 move the Court for a ruling on the objection. The materials at issue must be treated as
8 confidential information, as designated by the designating party, until the Court has ruled
9 on the objection or the matter has been otherwise resolved.
10 14. All confidential information must be held in confidence by those inspecting
11 or receiving it, and must be used only for purposes of this action. Counsel for each party,
12 and each person receiving confidential information must take reasonable precautions to
13 prevent the unauthorized or inadvertent disclosure of such information. If confidential
14 information is disclosed to any person other than a person authorized by this Order, the
15 party responsible for the unauthorized disclosure must immediately bring all pertinent facts
16 relating to the unauthorized disclosure to the attention of the other parties and, without
17 prejudice to any rights and remedies of the other parties, make every effort to prevent
18 further disclosure by the party and by the person(s) receiving the unauthorized disclosure.
19 15. No party will be responsible to another party for disclosure of confidential
20 information under this Order if the information in question is not labeled or otherwise
21 identified as such in accordance with this Order.
22 16. If a party, through inadvertence, produces any confidential information
23 without labeling or marking or otherwise designating it as such in accordance with this
24 Order, the designating party may give written notice to the receiving party that the
25 document or thing produced is deemed confidential information, and that the document or
26 thing produced should be treated as such in accordance with that designation under this
27 Order. The receiving party must treat the materials as confidential, once the designating
28 party so notifies the receiving party. If the receiving party has disclosed the materials before
00cv0000
1 receiving the designation, the receiving party must notify the designating party in writing
2 of each such disclosure. Counsel for the parties will agree on a mutually acceptable manner
3 of labeling or marking the inadvertently produced materials as "CONFIDENTIAL" or
4 "CONFIDENTIAL - FOR COUNSEL ONLY" - SUBJECT TO PROTECTIVE ORDER.
5 17. Nothing within this order will prejudice the right of any party to object to the
6 production of any discovery material on the grounds that the material is protected as
7 privileged or as attorney work product.
8 18. Nothing in this Order will bar counsel from rendering advice to their clients
9 with respect to this litigation and, in the course thereof, relying upon any information
10 designated as confidential information, provided that the contents of the information must
11 not be disclosed.
12 19. This Order will be without prejudice to the right of any party to oppose
13 production of any information for lack of relevance or any other ground other than the mere
14 presence of confidential information. The existence of this Order must not be used by either
15 party as a basis for discovery that is otherwise improper under the Federal Rules of Civil
16 Procedure.
17 20. Nothing within this order will be construed to prevent disclosure of
18 confidential information if such disclosure is required by law or by order of the Court.
19 21. Upon final termination of this action, including any and all appeals, counsel
20 for each party must, upon request of the producing party, return all confidential information
21 to the party that produced the information, including any copies, excerpts, and summaries
22 of that information, or must destroy same at the option of the receiving party, and must
23 purge all such information from all machine-readable media on which it resides.
24 Notwithstanding the foregoing, counsel for each party may retain all pleadings, briefs,
25 memoranda, motions, and other documents filed with the Court that refer to or incorporate
26 confidential information, and will continue to be bound by this Order with respect to all
27 such retained information. Further, attorney work product materials that contain
28 confidential information need not be destroyed, but, if they are not destroyed, the person
00cv0000
1 in possession of the attorney work product will continue to be bound by this Order with
2 respect to all such retained information.
3 22. The restrictions and obligations set forth within this order will not apply to
4 any information that: (a) the parties agree should not be designated confidential
5 information; (b) the parties agree, or the Court rules, is already public knowledge; (c) the
6 parties agree, or the Court rules, has become public knowledge other than as a result of
7 disclosure by the receiving party, its employees, or its agents in violation of this Order; or
8 (d) has come or will come into the receiving party's legitimate knowledge independently
9 of the production by the designating party. Prior knowledge must be established by pre-
10 production documentation.
11 23. The restrictions and obligations within this order will not be deemed to
12 prohibit discussions of any confidential information with anyone if that person already has
13 or obtains legitimate possession of that information.
14 24. Transmission by email or some other currently utilized method of
15 transmission is acceptable for all notification purposes within this Order.
16 25. This Order may be modified by agreement of the parties, subject to approval
17 by the Court.
18 26. The Court may modify the terms and conditions of this Order for good cause,
19 or in the interest of justice, or on its own order at any time in these proceedings. The parties
20 prefer that the Court provide them with notice of the Court's intent to modify the Order and
21 the content of those modifications, prior to entry of such an order.
23 IT IS SO ORDERED this day of ,
25
26 Judge, United States District Court
28
00cv0000
CRIMINAL LOCAL RULES
Criminal Rule 1.1 Scope and Availability of Rules
a. Title and Citation. These are the Local Rules of Practice in Criminal proceedings before the United
States District Court for the Southern District of California. They may be cited as “CrimLR ____.”
b. Effective Date. These Rules become effective on January 2, 2025.
c. Scope of Rules; Construction, Definitions. The rules under this title govern criminal proceedings
in the United States District Court for the Southern District of California. The rules under this title,
issued pursuant to Rule 57, Fed. R. Crim. P. supplement the Federal Rules of Criminal Procedure and
must be construed in harmony with the Federal Rules.
d. Waiver of Rules. A judge may on application, in any case for the convenience of the parties in
interest, or in the interest of justice, waive the applicability of these rules.
e. Applicable Civil Rules. The provisions of the following Civil Local Rules will apply to all criminal
actions and proceedings, except where they may be inconsistent with the Federal Rules of Criminal
Procedure or provisions of law specifically applicable to criminal cases:
1. Rule 1.1 Scope and Availability of Local Rules
2. Rule 1.2 Availability of Local Rules
3. Rule 3.2 Actions in Forma Pauperis
4. Rule 4.5 Fee Schedule
5. Rule 5.1 Form, paper, Legibility; Nature of Documents to be Filed
6. Rule 5.3 Fax Filings
7. Rule 5.4 Electronic Case Filings
8. Rule 7.2 Stipulations
9. Rule 15.1 Amended Pleadings
10. Rule 16.4 Assessment of Jury Costs
11. Rule 40.1.c Assignments to Senior Judges and Rule 40.1.d Temporary Designation
12. Rule 47.1 Examination of Jurors
13. Rule 51.1 Filing, Service and Form of Proposed Jury Instructions
14. Rule 67.1 Disbursement of Registry funds
15. Rule 77.1 Location and Hours of Clerk
16. Rule 77.4 Sessions of Court
17. Rule 77.6 Court Library
18. Rule 79.1 Custody and disposition of Exhibits and Transcripts
19. Rule 79.2 Books and Records of the Clerk
20. Rule 83.2 Security of Court
21. Rule 83.3 Attorney Admissions, Standards
22. Rule 83.6 Gratuities
23. Rule 83.7 Free Press, Fair Trial
24. Rule 83.8 Non-Appropriated Funds
25. Rule 83.9 Correspondence and Communications with the Judge
Criminal Rule 2.1 Professionalism
The provisions of Civil Local Rule 2.1 (Professionalism) are incorporated herein by reference in their
entirety and will govern the conduct of all participants in all criminal cases and proceedings pending in
this court.
Criminal Rule 2.2 Discipline
The provisions of Civil Local Rule 2.2 (Discipline) are incorporated herein by reference in their entirety
and will govern the conduct of all participants in all criminal cases and proceedings pending in this court.
Criminal Rule 10.1 Arraignments
Except where otherwise ordered by a district judge, all arraignments in criminal cases must be conducted
by the magistrate judge assigned to the case.
Criminal Rule 11.1 Referral of Felony Cases to Magistrate Judges for
Taking of Guilty Pleas
All guilty pleas in felony cases may be referred to the assigned magistrate judge to administer the
allocution pursuant to Rule 11 of the Federal Rules of Criminal Procedure.
a. Consent or Report and Recommendation
The magistrate judge will proceed with the taking of the guilty plea upon such referral from the
district judge with the written consent of the defendant, the defendant’s attorney, and the Assistant
U.S. Attorney, or upon referral from the District Court for a report and recommendation.
b. Findings
The magistrate judge must make written findings as to each of the subjects set forth in Rule 11 of the
Federal Rules of Criminal Procedure, the voluntariness of the guilty plea and the sufficiency of the
factual basis establishing each of the essential elements of the offense. In a prosecution under 8
U.S.C. § 1326, the magistrate judge must also make a written finding as to whether the defendant
admitted being deported and removed subsequent to the date set forth in the indictment or
information.
c. Recommendation
The magistrate judge must make a recommendation, in writing, to the assigned district judge as to
whether or not the district judge should accept the defendant’s plea of guilty.
d. Objections
Objections to the magistrate judge’s findings and recommendation must be filed within fourteen (14)
days of the entry of the magistrate judge’s findings and recommendation.
e. Sentencing
The magistrate judge must set the sentencing hearing on the calendar of the assigned district judge.
f. Transcripts
The Clerk may order a transcript of the Rule 11 allocation and provide the district judge with a copy
of the transcript at least seven (7) days before sentencing hearing if requested by the district judge.
Criminal Rule 12.1 Rule 12 Motions
Motions under Rule 12, Fed. R. Crim. P must not be made prior to entry of a not guilty plea at initial
arraignment.
Criminal Rule 16.1.a Meet and Confer Requirement
Not later than fourteen (14) calendar days after the arraignment on an Indictment or Information, the
attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a
timetable and procedures for the pretrial disclosure of materials set forth in Fed. R. Crim. P. 16.
Generally, this conference should be in person; however, in early disposition (fast track) cases or when it
is impractical to meet in person, the conference may be conducted via telephone or email.
During the conference, or as soon as practicable thereafter considering the size and complexity of the
case, the parties should consider ways in which to ensure the elimination of unjustifiable expense and
delay and the expeditious government production of electronically stored information (“ESI”) and other
voluminous discovery. If discovery includes ESI, the parties must discuss the appropriate form and
format of the production of materials containing ESI. To the extent practicable, this material should be
produced in a searchable and reasonably usable format.
Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court
in writing of the agreed upon timetable for the production of discovery, including the Alien Registration
File, body-port-or remote cam video, car/vehicle inspection, DEA drug reports, cell phone extraction data,
and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule
16, and any areas of disagreement.
Criminal Rule 16.1.b Pleadings and Motions Before Trial Defenses and
Objections
Discovery Motions. All criminal discovery motions must be made to the assigned district judge. The
district judge may refer a discovery motion to a magistrate judge for determination. A magistrate judge
may hear motions to preserve evidence before a case is assigned to a district judge, and thereafter as
requested by the assigned district judge. A magistrate judge may order discovery when necessarily
incident to any hearing the judge is conducting.
Criminal Rule 17.1 Subpoenas
a. Payment of Costs. As authorized by Rule 17(b), Fed. R. Crim. P., the Court orders that the cost
incurred for the service of process and witness fees for each witness subpoenaed by defense counsel
appointed under the Criminal Justice Act must be paid in the same manner in which similar costs and
fees are paid in case of witnesses subpoenaed on behalf of the government. All subpoenas issued
under this rule must bear the name of defense counsel who will cause to be placed thereon after
counsel's name the words: "appointed under Criminal Justice Act".
b. Production. No subpoena in a criminal case may require the production of books, papers, documents
or other objects at a date and time or place other than the date, time and place at which the trial,
hearing or proceeding at which these items are to be offered in evidence is scheduled to take place,
unless the Court has entered an order under Rule 17(c) of the Federal Rules of Criminal Procedure
authorizing the issuance of such subpoena. Any motion for the issuance of a subpoena under Rule
17(c) must be made to the judge assigned for the trial, hearing or proceeding at which the subpoenaed
witness or items are to be offered, and must be returnable in no less than seven (7) days from the
filing of the motion. Except for good cause shown, all motions for a subpoena duces tecum under
Rule 17(c) must be served on all parties who may file an opposition or response not less than seventy-
two (72) hours prior to the return date of the motion. Motions seeking subpoenas duces tecum under
this subsection must be supported by an affidavit or declaration establishing that: (1) the documents
or objects sought are evidentiary and relevant; (2) that the documents or objects sought are not
otherwise reasonably procurable in advance of the trial, hearing or proceeding by exercise of due
diligence; (3) that the moving party cannot properly prepare for trial without such production and
inspection in advance of trial and the failure to obtain such inspection may tend unreasonably to delay
the trial; and (4) that the application is made in good faith and is not intended for the purpose of
general discovery. Any subpoena duces tecum issued under this subsection must be returnable and
the items sought thereunder must be produced before the issuing judge. The Clerk must maintain the
items produced pursuant to such subpoenas but must make them available for the inspection of the
parties and the attorneys.
Criminal Rule 23.1 Trial Briefs
Unless otherwise ordered by the Court, counsel for the government and for each defendant may file a trial
brief prior to commencement of trial. Copies must be provided for the trial judge and adverse counsel.
The brief should set forth any reasonably foreseeable point of law bearing on the issues upon which either
party relies that are unusual or which otherwise require support, with citation of relevant statutes,
ordinances, rules, cases and other authorities.
Criminal Rule 28.1 Interpreters
a. Courtroom Proceedings. Only officially designated interpreters may interpret official courtroom
proceedings. Regardless of the presence of a private interpreter, such official interpreter must
interpret all proceedings in the courtroom.
b. Out-of-Court Interpreting.
1. Interviews. Official interpreters must also be available when needed to interpret at interviews
between the attorney and the non-English speaking client and witnesses outside of court.
2. Compensation for Out-of-Court Interpreters. Compensation for such interpreting must be at
the rate listed in the miscellaneous fee schedule. In court-appointed cases, the interpreter must
submit a separate CJA Form 21 (or CJA Form 31 in federal capital prosecutions and in death
penalty federal habeas corpus proceedings) for payment in each case.
Criminal Rule 30.1 Jury Instructions
a. Proposed Instructions. In all jury trials, counsel for the government and for each defendant must
serve and file proposed written instructions prior to the beginning of trial. Copies must be provided
for the trial judge and adverse counsel. Each requested instruction must be numbered, indicated
which party presents it, and cite the source of the instruction together with additional supporting
authority.
b. Source Identification. If an instruction is submitted from a recognized book of instructions it must
be from the latest edition of the book of instructions (so noted at the bottom of the instructions); and if
modified in any way, deleted material must be shown in parentheses and additions must be
underscored.
c. Objections. Objections to requested instructions may be made either in writing or orally as time
permits. Such objections should normally be accompanied by citation of supporting authority.
d. Additional Instructions. Additional requested instructions and objections may be received by the
Court, in its discretion, at any time prior to counsels’ arguments to the jury. The Court must in
accordance with Rule 30, Fed. R. Crim. P., inform counsel of its proposed action upon the requests
prior to their argument.
Criminal Rule 32.1 Sentence, Judgment and Probation
a. Presentence Reports
1. Time for Hearing. Probation and sentencing hearings will normally be scheduled seventy-seven
(77) days (that is, eleven (11) weeks) following the conviction if the conviction occurs on a
Monday, or seventy-seven (77) days following the Monday subsequent to the conviction should
the conviction not occur on a Monday. If an evidentiary hearing is necessary, a subsequent date
and time may be fixed by the sentencing judge. Counsel should check with the trial judge as to
whether counsel should have witnesses available on the scheduled sentencing date.
2. Modification of Schedule. For good cause shown, the Court may modify the time schedule for
sentencing hearing of the filing requirements.
3. Presentence Report. The presentence report is to be completed, filed with the Court, and mailed
(or made available to defense counsel who make pickup arrangements) thirty-five (35) days (that
is, five (5) weeks) prior to the date fixed for the sentencing hearing. It must include the
sentencing summary chart following this rule.
4. Review. Defense counsel must review the presentence report with the defendant prior to and
sufficiently in advance of the time for filing objections and requests for departure other than
United States Sentencing Commission, Guidelines Manual, § 5K1.1, if any, so as to meet the
deadlines set forth below. In cases where the defendant is acting as his/her own counsel (pro
per), service is to be made by mailing a copy of the presentence report to an out-of-custody
defendant, with a specific notice attached advising the individual defendant of the filing dates for
the filings described in this order which must be filed and served on the Court, U.S. Attorney and
Probation Office.
5. Objections. Fourteen (14) days prior to the date fixed for the sentencing hearing, all objections,
if any, to the presentence report must be filed and served by the government and counsel for the
defendant. If the presentence report is not timely filed - that is, thirty-five (35) days prior to the
scheduled sentencing date - then the defendant and the government must have seventeen (17)
days following the actual date on which the presentence report is filed within which to file and
serve. Objections should not include arguments for aggravation or leniency, unless based on
claimed errors in the presentence report.
6. Motions for Departure. Unless otherwise ordered by the Court, any motions for departure
(other than 5K1.1) must be filed and served by the moving party no less than fourteen (14) days
before the sentencing hearing. The departure motion and supporting memorandum must set forth
a summary of the factual and legal bases for the requested departure. Opposition to motions for
departure must be filed and served no less than seven (7) days before the sentencing hearing. If
no opposition is filed, the departure motion will be deemed unopposed.
7. Other Matters. Matters other than objections, motions for departure, and responses to those
objections and motions may be addressed in a sentencing memorandum filed and served no less
than seven (7) days before the sentencing hearing date. If the parties have executed a written plea
agreement, it must be summarized in a sentencing memorandum, and filed no less than seven (7)
days before the sentencing hearing.
8. Sentencing Summary Chart. Counsel must file their completed sentencing summary charts no
later than seven (7) days before the sentencing hearing. If the district judge assigned to the case
is a district judge from another district sitting in this court by designation, the parties must clearly
indicate the name of the visiting judge on their respective sentencing summary chart and file it
with the Clerk’s Office. The sentencing summary chart must contain all pertinent calculations to
summarize counsel’s requested analysis of the guidelines application in the case. The Court may
promulgate by general order a sentencing summary chart form that it deems appropriate.
9. Addendum Addressing Objections. No less than seven (7) days before the scheduled
sentencing hearing, the Probation Department must file and serve an addendum addressing all
objections, if any, which have been timely filed by any party. Such report may additionally
address any departure requests where probation is able to assist the Court further.
10. Form. The sentencing date and time must appear on the cover page of any objections, and
replies to those objections, to the presentence report, and any sentencing memoranda, in the space
opposite the caption below the file number.
11. Timeline Chart. Following this rule is a schematic diagram of the procedure delineated in this
rule. The purpose of the diagram is to provide pictorial assistance to those involved in the
sentencing process. The actual procedures, however, are those specified in the narrative of the
Rule, not the diagram.
12. Late Filings Unacceptable. All counsel are advised that the filing dates set forth in this rule are
critical. Absent a showing of good cause, any late filings by counsel will not be considered by
the Court. Log these dates and comply.
Criminal Rule 44.1 Right to and Assignment of Counsel
a. Right to and Appointment of Counsel. If a defendant, appearing without counsel in a criminal
proceeding, desires to obtain retained counsel, a reasonable continuance for arraignment, not to
exceed seven (7) days at any one time, will be granted for that purpose. If the defendant requests
appointment of counsel by the Court, or fails for an unreasonable time to appear with retained
counsel, the assigned district judge or magistrate judge must, subject to the applicable financial
eligibility requirements, appoint counsel, unless the defendant elects to proceed without counsel and
signs and files the court-approved form of waiver of right to counsel. In that case the judge or
magistrate judge must nevertheless designate counsel to advise and assist defendant to the extent
defendant might thereafter desire. Appointment of counsel must be made in accordance with the plan
of this court adopted pursuant to the Criminal Justice Act of 1964 and on file with the Clerk.
b. Appearance and Withdrawal of Counsel. An attorney appearing for a defendant in a criminal case,
whether retained or appointed, must promptly file with the Clerk a written appearance. An attorney
who has appeared may thereafter withdraw only upon notice to the defendant and all parties to the
case, and an order of Court finding that good cause exists and granting leave to withdraw. Failure of
defendant to pay agreed compensation must not be deemed good cause for withdrawal. If an attorney
seeks to withdraw after the arraignment, such application must be made to the assigned district judge.
No magistrate judge will relieve counsel after arraignment unless the district judge has specifically
referred the application to withdraw to the magistrate judge.
Unless such leave is granted, the attorney must continue to represent the defendant until the case is
dismissed, the defendant is acquitted or convicted, or the time for making post-trial motions and for
filing notice of appeal, as specified in Rule 4(b) Fed. R. App. P has expired. If an appeal is taken, the
attorney must continue to serve until leave to withdraw is granted by the Court having jurisdiction of
the case or until other counsel is appointed by that court as provide in 18 U.S.C. § 3006A and in
“Provisions for the Representation on Appeal of Defendants Financially Unable to Obtain
Representation” as adopted by the Judicial Council of the Ninth Circuit.
c. No attorney appointed by the Court to represent a defendant under the Criminal Justice Act will retain
or hire any person related to that attorney by blood or marriage within the degree of first cousin
including the relatives described in 5 U.S.C. § 3110(a)(3), as an interpreter, investigator, paralegal,
associate attorney, expert or other person to be compensated under the Criminal Justice Act. The
Court will not approve any compensation under the Criminal Justice Act for the services of any such
person.
SENTENCING SUMMARY CHART
SENTENCING SUMMARY CHART USPO [☐]
[ ☐ ] AND GOVERNMENT MOTION UNDER USSG §3E1.1(b)] AUSA [☐]
Sentencing Date: _____ ______ DEF [☐]
Defendant’s Name: Docket No.:
Attorney’s Name: Phone No.:
Guideline Manual Used: _____________________ Agree with USPO Calcs. _______
Base Offense Level(s): USSG § __
Specific Offense Characteristics: USSG § __
Adjusted Offense Level:
☐ Combined (Mult. Counts) ☐ Career Off. ☐Armed Career Crim. __
Adjustment for Acceptance of Responsibility [☐ Government Motion – USSG §3E1.1(b)] __
Total Offense Level: __
Supervised Release Range (based on Total Offense Level): ______ to ______ years
Fine Range (based on Total Offense Level): $ ____________ to $ ____________
Criminal History Score: __
Criminal History Category: __
Career Offender Armed Career Criminal
Guideline Range: from mths
(Range limited by: minimum mand. statutory maximum to mths
Departures:
__
Resulting Guideline Range: Adjusted Offense Level from mths
to mths
RECOMMENDATION: *
TIMELINE FOR U.S. DISTRICT COURT SOUTHERN DISTRICT LOCAL RULE RE: SENTENCING
GUIDELINES
1 77 DAYS TOTAL
2 35 days before sentencing
3 14 days before sentencing
4 14 days before sentencing
5 7 days before sentencing
2) 35 Days 3) 14 Days 4) 14 Days 5) 7 Days
before Sentencing before Sentencing before Sentencing before Sentencing
1 2 3 4 5
CONVICTION DATE PSR FILED WITH COURT OBJECTIONS FILED WITH MOTION TO DEPART FILED PSR ADDENDUM, PLEA
VERDICT OR GUILTY BY P.O. COURT AND SERVED ON BY GOVERNMENT AND AGREEMENT, SUMMARIES,
PLEA SERVED ON/(DISCLOSED OPPOSING COUNSEL AND DEFENSE WITH SUPPORTING SENTENCING MEMORANDUM,
PSR IS ASSIGNED TO TO) AUSA AND DEFENSE PROBATION 14 DAYS MEMORANDUM LETTERS, FILED AND SERVED 7
PROBATION OFFICER COUNSEL 35 DAYS BEFORE AFTER FILING OF PSR DAYS BEFORE SENTENCING, 5K
(P.O.) SENTENCING FURNISHED
SENTENCING
HEARINGS ON DISPUTED POINTS
(EXCEPT EVIDENTIARY
HEARINGS) ARGUMENTS AND
OBJECTIONS TO DEPARTURE,
ETC.
NOTES:
1. Except for the filing of objections, days are counted back from the sentencing date, i.e. the PSR is to be filed 35 days before the date for
sentencing, replies, 7 days before.
2. Defense counsel must review PSR with defendant. In pro se cases, service must be made on defendant.
3. Objections should not include arguments for aggravation, lenience, or departures, unless based on errors in the PSR and are to be
filed 14 days before sentencing.
4. Sentencing memos, reference letters, plea agreements summaries, 5K materials, etc., must be received no less than 7 days before
sentence.
5. Evidentiary hearings on contested matters will generally not be conducted on the sentencing date, but will be scheduled at a later time.
Criminal Rule 46.1 Release from Custody
a. Bail, Conditions of Release.
1. Release. In all criminal cases where a defendant is ordered released, other than on defendant’s
own recognizance, the district or magistrate judge setting the condition of release must enter a
written order setting forth the conditions of the defendant’s release. A judge ordering a
defendant’s release may refer the case to a magistrate judge to prepare the Order of Conditions
for Release. A copy of the order must be provided to the defendant by the Clerk.
2. Posting Bail. A defendant posting bail in a criminal case must have the following documents
delivered to the Clerk:
a) Personal Appearance Bonds
1. Properly completed personal appearance bond on the form designated by the
Court;
2. A copy of the order of conditions for release signed by the judge setting bail;
3. The advice of penalties and sanctions form signed by the defendant;
4. Any cash or other collateral required by the Court to be posted;
5. Properly completed bail and surety information sheets approved by an
Assistant United States Attorney on the forms designated by the Court; and
6. If real property is to be posted as a security for the bond then the defendant
must deliver to the Clerk:
Either a title report showing title in the name of sureties; or an opinion letter
by an attorney that the legal description on the deed of trust is accurate, and
the sureties have title.
A copy of a properly recorded deed of trust signed by all owners of the
property.
The value of real property to be posted as security must first be approved by
the judge setting conditions of release.
b) Corporate Surety Bonds
1. A properly executed surety bond on the form approved by the Court from a
surety accepted by the Clerk.
2. A properly completed bail information sheet approved by an Assistant
United States Attorney, on the form designated by the Court; and
3. An advice of penalties and sanctions form signed by the defendant.
3. Approval. The required bail documents must be reviewed by both the counsel for the defendant
and the government and if in compliance with the rules they must place their initials in the upper
right corner of the bond. Upon receipt of the above documents fully completed and in proper
form, the Clerk must initial the bond and transmit it to the judge for approval. Upon approval, the
Clerk must issue a release.
For good cause shown, a judge may waive any requirement of this rule by specific order.
b. Motions to Modify Bail. Except as otherwise ordered by a district judge, magistrate judges must,
subject to the provisions of 18 U.S.C. § 3141 et. seq., hear and determine all motions to modify bail.
c. Posting Security. When the release of a defendant is conditioned upon the deposit of cash or other
security with the Court, such deposit must be made with the Clerk.
d. Bail Review. A magistrate judge must hear the first bail review, including bail review after
indictment unless bail was previously set in open court by a district judge after hearing. If bail is set
by a district judge after an adversary hearing, the magistrate judge must be specifically authorized by
that district judge to thereafter hear a bail review. If the conditions of release are not amended at the
review hearing, the magistrate judge must set forth in writing the reasons for continuing the
requirements if requested by either party. Further review by a district judge must be heard upon the
record of the reasons for the bail set forth in writing by the magistrate judge, together with additional
information that may be presented. All bail reviews will be determined promptly. If no district judge
has been assigned to the case, the Clerk will randomly assign a district judge to hear the matter. Upon
assignment of a district judge to the case, the assigned district judge will hear all bail reviews,
including those pending.
e. Approval of Bonds and Sureties. A judge must approve all bail bonds prior to the release of a
defendant. The signatures of sureties on personal appearance bonds must be witnessed by counsel for
the defendant, a defense investigator, a notary, a deputy clerk, or any attorney admitted to practice
law before the courts of the State of California.
f. Bonds on Appeal. Except as otherwise ordered by a judge of the Court, all bonds on appeal must be
approved by a judge.
g. Exoneration of Bond and Release of Collateral. When the judicial officer has exonerated a bond
involving collateral of any kind, the defense attorney must file with the Court a proposed order for
release and/or reconveyance of the collateral. All motions for release of collateral will be handled by
the magistrate judge who set the bond unless the bond was set by the district judge or if the district
judge orders otherwise. When a defendant moves for release of collateral, and the Assistant United
States Attorney does not object, the parties will file a joint motion and proposed order for release
and/or reconveyance of the collateral with the assigned magistrate judge. If the Assistant United
States Attorney does object, then the defense attorney will file a noticed motion for release and/or
reconveyance of the collateral. If the assigned magistrate judge is no longer with the , then such
motions will be filed with the presiding magistrate judge. Any proposed order releasing and/or
reconveying property will identify with specificity the collateral involved.
Criminal Rule 47.1 Motions
a. Motions Before Judge. All hearing dates for any motions must be obtained from the courtroom
deputy of the judge to whom the case is assigned.
b. Filing Moving Papers.
1. Filing. The original of all motions, including all attached exhibits, on behalf of any defendant, or
on behalf of any moving party except the United States, must be filed with the Clerk at least
fourteen (14) days prior to the date for which the motion is noticed unless the Court, for good
cause and by order only, shortens that time. The noticed hearing date and time must appear on
the cover page of each motion, and any opposition, in the space opposite the caption, below the
file number.
2. Service. Other criminal motions must be served upon the adverse party, or the party’s attorney,
and filed with the Clerk at least fourteen (14) days prior to the date for which the motion is
noticed unless the Court, for good cause and by order only, shortens such time.
3. Accompaniments. Each motion or other request for ruling by the Court must include within it a
Memorandum of Points and Authorities in support of the motion and a caption listing the nature
of the motion, hearing date and time, and the judge who will hear the motion. Where appropriate
a separate or a joint statement of material facts, required declarations or affidavits or exhibits,
must be supplied.
4. Untimely Motions. The Clerk’s Office is directed not to file untimely motions and responses
thereto without the consent of the judicial officer assigned to the case.
c. Time for Filing Opposition. Each party opposing the motion must not later than seven (7) days
prior to the hearing, serve upon the adverse party, or the party’s attorney, and file with the Clerk
either an opposition containing a brief and complete statement of all reasons in opposition to the
position taken by the movant, an answering memorandum of points and authorities and copies of all
documentary evidence upon which the party in opposition relies; or, a written statement that the party
will not oppose the motion.
d. Joinders in Motions.
1. The Clerk must refuse to accept for filing any joinder in motions if there are no pending motions
on file.
2. Each joinder must specifically identify the particular motion(s) to which the joinder applies and
the basis for the defendant’s standing to raise such motion, where necessary.
e. Length of Brief in Support of or in Opposition to Motions. Briefs of memoranda in support of or
in opposition to all motions noticed for the same motion day must not exceed twenty-five (25) pages
in length total for all such motions without leave of a district judge.
f. Disposition after Motions are Calendared. Any time a case is calendared for motions and counsel
for either side knows that a disposition is to take place, counsel has a duty to call the court clerk of the
appropriate judge at the earliest available time to inform the Court of the disposition.
g. Declarations in Support of and in Opposition to Criminal Motions.
1. When Declarations Required. Criminal motions requiring a predicate factual finding must be
supported by declaration(s). When an opposing party contests a representation of fact contained
in a moving declaration, opposition must likewise be supported by a declaration which places that
representation into dispute. When an opposing party does not contest such a representation, but
argues instead that additional facts render that representation moot or immaterial, the opposing
party must support its argument with declaration(s) setting forth such additional facts. The Court
need not grant an evidentiary hearing where either party fails to properly support its motion or
opposition.
2. Contents of Declarations. Each declaration must set forth, under penalty of perjury, all facts
then known and upon which it is contended the motion should be granted or denied. Each
declaration must show affirmatively that the declarant is competent to testify to the matter stated
therein, must avoid argument and conclusions of law and must in all other respects contain only
such representations as would be admissible under the Federal Rules of Evidence.
3. Timely Filing of Declarations. Declarations submitted in support of and in opposition to
criminal motions must be filed in a timely manner in accordance with the filing deadlines set
forth in Criminal Local Rules 47.1.b and 47.1.c.
4. Availability of Declarants. Each declarant in support of and in opposition to criminal motions
must be made available for cross-examination at the hearing of the motion, unless the opposing
party does not dispute the facts contained in the declaration.
Criminal Rule 57.1 Sanctions for Noncompliance with Rules
a. Failure of counsel or of any party to comply with these rules, with the Federal Rules of Criminal
Procedure, or with any order of the Court may be grounds for imposition by the Court of any and all
sanctions authorized by statute or rule or within the inherent power of the Court.
b. Failure to comply with these local rules governing criminal proceedings in this court will not be
ground for dismissal of charges against the defendant.
c. For violations of these Local Rules or of a specific court order, the Court may, in imposing monetary
sanctions, order that the monetary sanctions be paid to the Miscellaneous Fines, Penalties and
Forfeitures, Not Otherwise Classified, fund of the United States Treasury.
Criminal Rule 57.2 Assignment
a. Criminal cases must be numbered consecutively upon the filing of the indictment or information in
each such action or proceeding. The judges will, from time to time, determine, and indicate by formal
order to the Clerk the method by which each action or proceeding will be assigned to a particular
judge, to the end that over a period of time each judge must be assigned substantially an equal amount
of work. Neither the Clerk nor any deputy clerk or magistrate judge will have any discretion in
determining the judge to whom any matter is assigned, the action of the Clerk being ministerial only.
The method of assignment chosen by the judges must be such that the judge to whom any particular
matter is to be assigned, in accordance with this rule, must not be known by or disclosed to the Clerk
or magistrate judge or any member of their staff, or to any other person, until after such action or
proceeding has been assigned.
b. The judge to whom a case is assigned or the Chief Judge of the district, may transfer such case at any
time to a consenting judge in the interest of efficient administration of the judicial business of the
district.
Criminal Rule 57.2.1 Related Cases
a. Definition of Related Action.
1. Pending criminal cases are deemed related when (a) all of the defendants named in each of the
cases are the same and none of the cases include defendants not named in any of the other cases,
or (b) prosecution against different defendants arises from (i) a common wiretap, (ii) a common
search warrant, or (iii) activities that are part of the same alleged criminal event or transaction,
that is, the cases involve substantially the same facts and the same questions of law.
2. If a civil forfeiture proceeding is filed concerning a criminal defendant, or a defendant is charged
in a criminal case while a civil forfeiture proceeding is pending concerning that defendant, the
civil and criminal cases are to be deemed related.
3. Criminal cases are also deemed related when a case is dismissed, with or without prejudice, and a
subsequent case involving the same parties and related to the same subject matter is filed within
one year of having been previously terminated by the Court.
4. A case is considered “pending” until one year after all named defendants have been sentenced. A
case is also considered pending if it is one of the cases listed in paragraphs 5, 6, or 7 herein.
5. If a defendant is serving a term of probation or supervised release on a case in this district and the
defendant is charged with a new offense in this district, the new case is deemed related to the case
in which the defendant is on such term of probation or supervised release if the defendant is the
sole defendant in the new case.
6. If a defendant is accused of an offense charged in this district and is on probation or supervised
release in another district, and that district transfers jurisdiction over the supervision to this
district, any revocation proceedings will be deemed related to the new case pending in this
district.
7. If a defendant is charged with escape under 18. U.S.C. § 751 from a sentence imposed by a judge
of this court, the escape charge will be deemed related to the case in which the sentence from
which the defendant allegedly escaped was imposed.
b. Form.
At the time of returning an indictment or filing of an information, the United States Attorney must, on
a form submitted to the Clerk, file a Notice of Related Case, indicating the name(s) and docket
number(s) of any related cases pending in this Court, and certifying the particular reason(s) for the
case-related designation.
c. Assignment of Related Cases.
Except as provided in Section d.2 below, related cases must be assigned in the following manner: The
Clerk must assign the new case to the judge to whom the oldest, pending related case is assigned. If a
judge who is assigned a case under this procedure determines that the cases in question are not related
to one of the judge’s pending cases, the judge may transfer the new case to the Clerk for
reassignment. A senior judge may elect to decline the assignment of a new related case.
d. Responses or Objections to the Notice of Related Case.
1. Within seven (7) days of receiving service of a Notice of Related Case, or seven (7) days of first
appearing in the case, whichever is later, a defendant may file an objection and serve a detailed
statement setting forth reasons that the case does not qualify as a related case under these rules.
Within seven (7) days of any objection, the United States Attorney may file and serve a reply that
the case does qualify as a related case under these rules. Where only one judge is assigned to the
cases involved, that judge will decide if the cases are related within seven (7) days after the reply
is due and issue an order thereon.
2. Where the issue of related cases involves cases filed before different judges, the judges assigned
to the cases involved will decide if the cases are related. If all of the judges agree that the
appropriate criteria are met, a low number order will issue. Absent complete agreement by the
judges assigned to the cases identified as related, no low number transfer will occur.
Criminal Rule 57.3 Assignment and Designation Procedures Matters to
Magistrate Judges
Order of Designation and Assignment. A matter assigned to the magistrate judges either as a matter of
course by the Clerk of the United States District Court or by an order of special designation by a district
judge of the Court under 28 U.S.C. § 636(b) or (c), precisely stating the nature of the matter, must be
assigned to a specific magistrate judge as follows:
a. Criminal Cases.
1. Criminal Matters. Where the case has previously been assigned to a specific magistrate judge
during the court of criminal complaint duty, the matter will be referred to that magistrate judge.
2. Misdemeanor Cases. All misdemeanor cases must be assigned, upon the filing of an
information, complaint or violation notice, or the return of an indictment, to a magistrate judge,
who will proceed in accordance with the provisions of 18 U.S.C. § 3401 and Rule 58 of the
Federal Rules of Criminal Procedure.
3. Felony Cases. Upon the return of an indictment or the filing of an information, all felony cases
must be assigned to a magistrate judge for the conduct of an arraignment and such other pretrial
proceedings, or hearings as the assigned district judge will designate.
4. Proceedings. Magistrate judges must conduct all proceedings under Rule 3, 4, 5, and 4.1 of the
Federal Rules of Criminal Procedure.
5. Notice of Hearing. A magistrate judge assigned a matter must set the time of hearing, notify all
parties and make any further necessary orders consistent with the requirements for the local rules
of the Court for the Southern District.
6. Appointment of Counsel. Magistrate judges must appoint counsel for indigent defendants. A
magistrate judge may not relieve counsel for a defendant once the case has been set on the
calendar of a district judge unless the district judge has specifically referred the matter to the
magistrate judge for consideration of relieving counsel and appointing new counsel.
7. Other than:
a) Modifying or revoking conditions of release or other applications relating to release;
b) Applications to allow persons assisting counsel to enter the facility where the defendant is
confined;
c) Applications for writs of habeas corpus ad testificandum, and application under Criminal
Local Rule 17.1.
A magistrate judge will not hear any application or motion in a criminal case on a district judge’s calendar
unless the district judge refers such application or matter to the magistrate judge for disposition.
b. General
Nothing in these rules will preclude the Court, or a district judge from reserving any proceedings for
conduct by a district judge, rather than a magistrate judge. The Court, moreover, may by general
order modify the method of assigning proceedings to a magistrate judge as changing conditions may
warrant.
Criminal Rule 57.4 United States Magistrate Judges
a. Jurisdiction Under 28 U.S.C. § 636(a). Each United States magistrate judge of this court is
authorized to perform the duties prescribed by 28 U.S.C. § 636(a), and may:
1. Exercise all the powers and duties conferred or imposed on United States magistrate judges by
law and the Federal Rules of Criminal Procedure;
2. Administer oaths and affirmations, impose conditions of release or orders of detention under 18
U.S.C. § 3141 et. seq. and take acknowledgments, affidavits, and depositions;
3. Conduct extradition proceedings, in accordance with 18 U.S.C § 3184.
b. Proposed Orders Regarding Case-Dispositive Motions 28 U.S.C. § 636(b)(1)(B).
1. Upon designation by a district judge, a magistrate judge may submit to a district judge a proposed
order containing findings of fact and recommendations for disposition by the district judge of the
following pretrial motions in criminal cases:
a) Motions to dismiss or quash an indictment or information made by a defendant; and
b) Motions to suppress evidence in a criminal case.
2. A magistrate judge may determine any preliminary matters and conduct any necessary
evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this
subsection.
c. Other Duties
A magistrate judge is also authorized to:
1. Conduct arraignments in criminal cases not triable by the magistrate judge and take not guilty
pleas in such cases;
2. Receive grand jury returns in accordance with Rule 6(f) of Fed. R. Crim. P.;
3. Accept waivers of indictment, pursuant to Rule 7(b) of Fed. R. Crim. P.;
4. Conduct necessary proceedings leading to the potential revocation of probation or supervised
release;
5. Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or
other orders necessary to obtain the presence of parties, witnesses or evidence needed for court
proceedings;
6. Order the exoneration of appearance bonds and the release and/or reconveyance of collateral;
7. Conduct proceedings for initial commitment of narcotic addicts under Title III of the Narcotic
Addict Rehabilitation Act;
8. Perform the functions specified in 18 U.S.C. §§ 4107, 4108 and 4109, regarding proceedings for
verification of consent by offenders to transfer to or from the United States and the appointment
of counsel for those proceedings;
9. Hear motions and enter orders for examinations to determine mental competency under 18 U.S.C.
§ 4241;
10. Grant motions to dismiss in criminal cases when made by the United States Attorney or at any
other time when authorized by statute or rule and when such dismissal is within the jurisdiction of
the magistrate judge or pursuant to a plea agreement entered into before the magistrate judge;
11. Perform any additional duty not inconsistent with the Constitution and laws of the United States.
Criminal Rule 57.5 Procedure in Imperial County Cases
a. Initial Appearance. The magistrate judge in Imperial County will conduct the initial appearance
under Rule 5, Fed. R. Crim. P. of each defendant brought before him charged with a felony criminal
offense.
b. Further Proceedings. The magistrate judge in Imperial County will conduct such duties as are
assigned by the Court.
c. Transfer of File. Upon completion of the proceedings before the magistrate judge in Imperial
County, California, the complete magistrate judge’s file will be forwarded to the Clerk’s Office.
Criminal Rule 58.1 Misdemeanors
a. Designation of Magistrate Judges. Subject to the limitation of 18 U.S.C. § 3401, magistrate judges
are specially designated to try persons accused of, and sentence persons convicted of misdemeanor
offenses committed within this district. In addition, magistrate judges may dispose of misdemeanor
offenses which are transferred to this district under Rule 20, Fed. R. Crim. P. A magistrate judge may
direct the probation office to conduct a presentence investigation of any person convicted of a
misdemeanor offense and to render a report to the magistrate judge prior to the imposition of
sentence.
b. Appeal from Conviction by Magistrate Judge.
1. Notice of Appeal. Pursuant to Rule 58(g), Federal Rules of Criminal Procedure, a defendant who
has been convicted by a magistrate judge may appeal to a judge by filing a timely notice of
appeal.
2. Record. A transcript, if desired, must be ordered except that, in the absence of a reporter, the
transcript must be ordered as directed by the Clerk of Court. Applications for orders pertaining to
a transcript must be made to the magistrate judge.
Within thirty (30) days after a transcript has been ordered, the original and one copy must be filed
with the magistrate judge and all recordings must be returned to the Clerk of Court. If not
ordered within fourteen (14) days. If not ordered within fourteen (14) days after the notice of
appeal is filed, the record on appeal will be deemed complete.
3. Notice of Hearing. The Clerk must assign the appeal to a district judge and notify the parties of
the time set for oral argument. Argument must be scheduled not less than sixty (60) nor more
than ninety (90) days after the date of the notice. However, an earlier date may be set upon
application of a party for good cause to the judge to whom the appeal has been assigned.
4. Time for Serving and Filing Briefs. The appellant must serve and file the brief within twenty-
one (21) days after the notice of hearing. The appellee must serve and file the brief within
twenty-one (21) days after service of the brief of the appellant. The appellant may serve and file
a reply brief within seven (7) days after service of the brief of the appellee. These periods may be
altered by order of the assigned judge.
c. Orders and Judgments in Misdemeanor Cases. Any party may seek review or appeal of a decision
by a magistrate judge in a misdemeanor case pursuant to Rule 58(g) of the Federal Rules of Criminal
Procedure.
Criminal Rule 58.2 Disposition of Misdemeanor Cases, 18 U.S.C. §
A magistrate judge may:
a. Try persons accused of, and sentence persons convicted of, misdemeanors committed within this
district in accordance with 18 U.S.C. § 3401;
b. Direct the probation office of the Court to conduct a presentence investigation in any misdemeanor
case; and
c. Conduct a jury trial in any misdemeanor case where the defendant so requests and is entitled to trial
by jury under the Constitution and laws of the United States.
