(a) Assignment of Criminal Cases to Judges.
(1) In Ann Arbor, Detroit and Port Huron, the Clerk shall employ a random method for the
assignment of criminal cases to Judges.
(2) In Flint, the Clerk shall assign criminal cases to the Judge regularly holding court in Flint.
(3) In Bay City, the Clerk shall assign criminal cases to the Judge regularly holding court in Bay
City.
(4) Assignment of criminal cases to the Chief Judge, to senior Judges, and, in cases of
emergency to Judges in active service, shall be as provided by administrative order authorized by the
Court.
(b) Reassignment of Criminal Cases.
(1) Cases shall be reassigned only by order of the Court.
(2) To promote docket efficiency, or to conform to the requirement of any case management
plan adopted by the Court, or upon consent of the parties, or after notice and hearing, or in the interests
of justice, the Chief Judge may order a criminal case to be reassigned, but only with the consent of the
Judge to whom the case was originally assigned and with the consent of the Judge to whom it is to be
reassigned.
(3) Reassignment of cases because of a change in judicial personnel shall be in accordance
with an administrative order authorized by the Court.
(4) Companion Cases.
(A) Companion cases are those cases in which it appears that:
(i) substantially similar evidence will be offered at trial, or
(ii) the same or related parties are present, and the cases arise out of the
same transaction or occurrence. Cases may be companion cases even though one of them may have
already been terminated.
(B) Counsel, including the United States Attorney, or a party without counsel shall be
responsible for bringing such cases to the attention of the Court by responding to the questions included
on the criminal case cover sheet.
(C) When it becomes apparent to the Judge to whom a case is assigned and to a Judge
having an earlier case number that two cases are companion cases, upon consent of the Judge having the
earlier case number, the Judge shall sign an order reassigning the case to the Judge having the earlier case
number.
(5) Matters arising from a criminal case assigned to a judge who no longer receives any
criminal cases because of death or retirement will be reassigned under LCrR 57.10(a). If a matter is
reassigned under this subrule, matters arising in cases of co-defendants in multi-defendant cases will be
reassigned to the judge to whom the first matter was reassigned.
United States District Court
Eastern District of Michigan
(c) Disqualification of Judge.
(1) In Ann Arbor, Detroit and Port Huron, when a Judge to whom a criminal case is assigned
is disqualified from hearing it, the Clerk shall reassign the case by random method.
(2) In Flint, when a Judge to whom a criminal case is assigned is disqualified from hearing it,
the Clerk shall reassign the case in accordance with an administrative order authorized by the Court.
(3) In Bay City, when a Judge to whom a case is assigned is disqualified from hearing it, the
Clerk shall reassign the case in accordance with an administrative order authorized by the Court.
(d) Superseding Indictments or Informations.
(1) A superseding indictment or information shall be assigned to the Judge to whom the
superseded matter was assigned when:
(A) it merely corrects errors in names, dates and places, etc., or
(B) it is a follow-up to an indictment or information terminated on motion of the
government, or
(C) it is a follow-up information involving different charges or added counts for
purpose of a plea only, or
(D) it is a follow-up to an indictment or information embracing the same subject
matter terminated by motion of the defendant or on the Court's motion, or
(E) it is a follow-up to an indictment or information embracing the same subject
matter but containing additional defendants or charges.
(2) The United States Attorney shall attach a cover sheet in a form prescribed by the Clerk's
Office to permit assignments according to this Rule.
(3) Superseding indictments and informations shall not be filed in closed cases or cases where
the last defendant has pleaded guilty and is awaiting sentencing.
COMMENT: The “earlier case number” referred to in (b)(4)(C) will
mean the earlier case filed as determined by date and time. (12/4/00)
December 1, 2022
United States District Court
Eastern District of Michigan
