(a) Misdemeanor Cases. All misdemeanor cases shall be assigned, upon the filing of an
information, complaint, or violation notice, or the return of an indictment, to a Magistrate
Judge, who shall proceed in accordance with the provisions of 18 U.S.C. § 3401 and Fed.
R. Crim. P. 58. In the event the defendant does not waive trial before the District Court
as provided therein, the file shall be returned to the Clerk of Court for assignment to a
District Court Judge. The Magistrate Judge may, however, set bond, appoint counsel,
and accept a plea of not guilty without a waiver being executed.
(b) Magistrate Judges are authorized to exercise the jurisdiction set forth in 18 U.S.C. § 3184,
Fugitives from foreign country to United States.
(c) Review of Magistrate Judge’s Actions.
(1) Nondispositive Matters. All orders of the Magistrate Judge authorized by 28
U.S.C. § 636(b)(1)(A) shall be effective unless and until a stay is obtained or the
order is otherwise reversed or vacated by the District Judge. In the event that a
party files objections, the specific matters to which the party objects and the
manner in which it is claimed that the order is clearly erroneous or contrary to law
shall be clearly set out in the objections.
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(2) Dispositive Motions and Post-Trial Relief. Written objections to proposed
findings of fact and recommendations for disposition submitted by a Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) shall specifically identify the portions
of the proposed findings and recommendations to which objection is made and the
basis for each objection, and shall be supported by legal authority. A party seeking
additional time to file objections must file a motion for an extension of time with
the District Judge within fourteen (14) days after being served with the Magistrate
Judge’s recommended disposition.
(3) Certification. Any party filing objections to a Magistrate Judge’s order or
recommended disposition must include with the objections to the District Judge a
written statement either certifying that the objections do not raise new legal/factual
arguments, or identifying the new arguments and explaining why they were not
raised to the Magistrate Judge.
(d) A District Judge at their own discretion may delegate to a Magistrate Judge authority to
review and approve case budgets and payment of vouchers relative to counsel and/or
experts in (a) all capital representations and (b) non-capital representations that appear
likely to become or have become extraordinary in terms of potential cost (i.e., attorney
hours are expected to exceed three hundred (300) or total expenditures are expected to
exceed $30,000 for appointed counsel and services other than counsel).
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INDEX
Adjournments Filing of Papers
Rule 12(g), 11 Rule 49, 16
Admission of Attorneys to Practice Forfeiture of Collateral in Lieu of
Rule 44(a), 15 Appearance in Petty Offense Matters
Appeal Rule 58, 18
Exhibits (Rule 26(b)), 13 Form of Papers
Appeals Rule 49(d), 16
Magistrate Judge's Actions (Rule 59(b)), Jurors
19 Impartial (Rule 23(c)), 12
Assignment of Cases Local Rules
Rule 7, 8 Copies of (Rule 1(b)), 6
Attorneys Modifications of (Rule 57), 18
Admission to Practice (Rule 44(a)), 15 Magistrate Judges
Discipline of Attorneys (Rule 44(a)), 15 Assignment of Misdemeanor Cases (Rule
Retained (Rule 44(b)), 15 59(a)), 19
Rules of Conduct (Rule 23(a)), 12 Forfeiture of Collateral in Lieu of
Student Practice (Rule 44(a)), 15 Appearance in Petty Offense Matters
Cameras and Recording Devices (Rule 58), 18
Rule 53, 17 Review and Appeal (Rule 59(b)), 19
Case Assignment Memorandum of Law
Rule 7, 8 Page Limits (Rule 12(c)), 10
Copies of Local Rules Misdemeanor Cases
Rule 1(b), 6 Assignment to Magistrate Judge (Rule
Depositions by Other Than Stenographic 59(a)), 19
Means Modifications of Local Rules
Rule 15, 11 Rule 57, 18
Discipline of Attorneys Motions
Rule 44(a), 15 Adjournment of (Rule 12(g)), 11
Documents Expedited Hearing (Rule 12(f)), 10
Charging Instruments (Rule 49(b)), 16 Generally (Rule 12), 9
Electronic Filing (Rule 49(a)), 16 Papers, filing and form (Rule 49), 16
Sealing of (Rule 41), 14 Scheduling of (Rule 12(b)), 9
Sealing of Criminal Documents (Rule Orders
55), 18 Scheduling (Rule 12(a)), 9
Electronic Filing of Documents Petty Offense Matters, Forfeiture in Lieu
Rule 49(a), 16 of Appearance
Exhibits Rule 58, 18
Appeal (Rule 26(b)), 13 Presentence Report
Trial (Rule 26(a)), 13 Disclosure (Rule 32), 14
Fair Trial Directives Pretrial Services Report
Rule 23, 12 Disclosure of (Rule 5), 8
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Procedures for Depositions by Other Than Search and Seizure Warrants
Stenographic Means Rule 41, 14
Rule 15, 11 Service of Papers
Recording Devices Rule 49(a), 16
Rule 53, 17 Students
Rules Practice by Student Law Clerks (Rule
Copies of (Rule 1(b)), 6 44(a)), 15
Modification of (Rule 57), 18 Trial
Scheduling Orders Fair Trial Directives (Rule 23), 12
Rule 12(a), 9 U.S. Attorney's Office
Sealing of Documents Documents to be Provided by (Rule
Rule 55, 17 49(b)), 16
Search Warrants (Rule 41), 14
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