PRE-2024 COMMITTEE NOTE
This rule, formerly Local Criminal Rule 58.1, has been redesignated Local Criminal Rule
59.1 to associate it with Fed. R. Crim. P. 59. The general statutory authority of
Magistrate Judges is set forth in 28 U.S.C. § 636; however, certain provisions, including
18 U.S.C. §§ 3401 & 3184, and 28 U.S.C. § 636(c), require specific authorization by the
District Court for the Magistrate Judge to exercise the designated authority. This rule,
and Local Civil Rule 72.1, which new subpart (c) specifically makes applicable to
criminal proceedings, confirm and continue the Courts’ intent to give their Magistrate
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
Judges the maximum powers authorized by law. For the sake of clarity, the titles of the
statutes referenced in the rule have been added. Former subpart (c), relating to the
power of Magistrate Judges to issue subpoenas and writs, has been stricken as
duplicative–the same provision already appears in Local Civil Rule 72.1(c) and will thus
continue to apply in criminal proceedings.
2024 COMMITTEE NOTE
The reference to “Full-Time” has been eliminated to account for part-time magistrate
judges who also hear misdemeanor cases. The title of 18 USC § 3401 has been corrected.
Finally, the last two sentences of subsection (a) have been eliminated because they
reflected outdated practices and because assignments of criminal cases are now covered
in the Division of Business Rules.
