JAN j 6 2010 - United States District Court

More documents

Recommendations

Info

case-dispositive motions. (1) Other Duties. A Magistrate Judge is also authorized to ll) Exercise general supervision of civil and criminal calendars, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases for the District Judges; (2) Conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in civil and criminal cases; (3) Conduct arraignments in criminal cases not triable by the Magistrate Judge and take not guilty pleas in such cases; (4) Receive grand jury returns in accordance with Federal Rule of Criminal Procedure 6(f); (5) Accept waivers of indictment, pursuant to Federal Rule of Criminal Procedure 7(b); (6) Conduct voir dire and select petit juries for the Court; (7) Accept petit jury verdicts in civil cases in the absence of a District Judge; (8) Conduct necessary proceedings leading to the potential revocation of probation; (9) 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; (10) Order the exoneration or forfeiture of bonds; (11) Conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971, in accordance with Title 46, United States Code, Section 1484(d); (12) Conduct examinations of judgment debtors in accordance with Federal Rule of Civil Procedure 69; (13) Conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act; (14) Perform the functions specified in Title 18, United States Code, Sections 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 therein; (15) Preside at naturalization hearings and ceremonies; and (16) Perform any additional duty as is not inconsistent with the Constitution and laws of the United States. 154
Effective Dec. 1, 1994; amended effective April 15, 1998; April 15, 2007. Commentji (1998) Conforms Rule l(b)(l) to 1997 amendments to Federal Rule of Criminal Procedure 58. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule 2. Assignment of Matters to Magistrate Judges All civil and criminal cases in this District shall be filed with the Clerk of the Court and assigned to a District Judge in accordance with Local Rules 1 through 7. Responsibility for the case remains with the District Judge throughout its duration, except that the District Judge may refer to a Magistrate Judge any matter within the scope of these Magistrate Judge Rules. No specific order of reference shall be required except as otherwise provided in these Magistrate Judge Rules. Nothing in these Magistrate Judge Rules shall preclude a District Judge from reserving any proceeding for conduct by a District Judge rather than a Magistrate Judge. Effective Dec. 1, 1994. Amended April 15, 2007. Rule 3. Procedures Before the Magistrate Judge (a) In General. In performing duties for the Court, a Magistrate Judge shall conform to all applicable provisions of federal statutes and rules, to the general procedural rules of this Court, and to the requirements specified in any order of reference from a District Judge. (b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent of the Parties-Title 28, United States Code, Section 636 (c). (1) Notice. The Clerk of the Court shall notify the parties in all civil cases that they may consent to have a Magistrate Judge conduct any or all proceedings in the case and order the entry of a final judgment. Such notices shall be handed or mailed to the plaintiff or his representative at the time an action is filed and to other parties as attachments to copies of the complaint and summons, when served. Additional notices may be furnished to the parties at later stages of the proceedings, and may be included with pretrial notices and instructions. (2) Execution of Consent. The Clerk of the Court shall not accept a consent form unless it has been signed by all the parties in a case. The plaintiff shall be responsible for securing the execution of a consent form by the parties and for filing such form with the Clerk of the Court. No consent form will be made available, nor will its contents be made known, to any District Judge or Magistrate Judge, unless all parties have consented to the reference to a Magistrate Judge. No Magistrate Judge, District Judge, or other Court official may attempt to persuade or induce any party to consent to the 155
Page 1 and 2:
United States District Court Southe
Page 3 and 4:
Administrative Order 94-51, In Re A
Page 5 and 6:
e disclosed to the Clerk of the Cou
Page 7 and 8:
Authority (1993) Former Local Rules
Page 9 and 10:
compliance with the CM/ECF Administ
Page 11 and 12:
Re: Repeal of Local Rule 5.2.D and
Page 13 and 14:
and Court filings are matters of pu
Page 15 and 16:
supplanting original electronic fil
Page 17 and 18:
the date of any hearing held on the
Page 19 and 20:
limitations. (2000) The addition of
Page 21 and 22:
A. Motions for Attornoyo Food and/o
Page 23 and 24:
substantially similar to) AO 133 of
Page 25 and 26:
Authority (1993) Former Local Rule
Page 27 and 28:
Roll of Attorneys. The Bar of this
Page 29 and 30:
Except as otherwise ordered by a Ju
Page 31 and 32:
If the complaint alleges a violatio
Page 33 and 34:
Comments (1993) This Local Rule has
Page 35 and 36:
Rule 16.1^A(a) above; 4fef(B) The d
Page 37 and 38:
the specific acts or omissions reli
Page 39 and 40:
anticipated; and with the Court's p
Page 41 and 42:
of Mediators. j^(l) Certification o
Page 43 and 44:
Procedures to Refer a Case or Claim
Page 45 and 46:
: : . ORDER OF REFERRAL Trial havi
Page 47 and 48:
: . ORDER SCHEDULING MEDIATION The
Page 49 and 50:
or to the Chief Judge's designee. E
Page 51 and 52:
class action plaintiff move, within
Page 53 and 54:
conducted until after the expert su
Page 55 and 56:
discovery or for a protective order
Page 57 and 58:
(1996)[I.] The "attempt to confer"
Page 59 and 60:
depositions or hearings made necess
Page 61 and 62:
(2010) Amended to conform tabulatio
Page 63 and 64:
In cases of a post-judgment writ of
Page 65 and 66:
victim if the announcement is not o
Page 67 and 68:
9029 does not suggest that such a d
Page 69 and 70:
Motions for Stay and Other Intermed
Page 71 and 72:
for example, the disposition of a m
Page 73 and 74:
and costs of the proceedings refere
Page 75 and 76:
posted and forfeited in lieu of app
Page 77 and 78:
individualization, or time limits,
Page 79 and 80:
Effective Dec. 1, 1994. Amended eff
Page 81 and 82:
(1996) A. Removes any explicit requ
Page 83 and 84:
K-s-(k) The government shall, upon
Page 85 and 86:
When a defendant is arrested after
Page 87 and 88:
4. No provision of the Discovery Pr
Page 89 and 90:
(5) Stays or Limitation of Discover
Page 91 and 92:
subject to the objection. A lawyer
Page 93 and 94:
d. The videographer shall certify t
Page 95 and 96:
B. Procedures Governing Manner of P
Page 97 and 98:
answer. Interrogatories propounded
Page 99 and 100:
producing party may be required to
Page 101 and 102:
occurs, counsel for movant must spe
Page 103 and 104: MS Excel Spreadsheet); (2) the gene
Page 105 and 106: I am the defendant named above. I h
Page 107 and 108: security; all process shall be issu
Page 109 and 110: As noted in the revised Local Admir
Page 111 and 112: If the seizure was predicated upon
Page 113 and 114: (2000) Local Admiralty Rule B(7) is
Page 115 and 116: Local Admiralty Rules. 4feH2) Proof
Page 117 and 118: Cir.1981); Merchants Nat'l Bank v.
Page 119 and 120: filed pursuant to Supplemental Rule
Page 121 and 122: Counsel for the intervening party s
Page 123 and 124: equired by Local Admiralty Rule B(5
Page 125 and 126: 43-HC) Execution of Process. The ar
Page 127 and 128: Any order issued pursuant to this s
Page 129 and 130: (2) Involuntary Dismissal. If the C
Page 131 and 132: the "Request for Confirmation of Sa
Page 133 and 134: A concern was expressed about the p
Page 135 and 136: Publication of the Notice. Immediat
Page 137 and 138: Defendant. PROCESS OF ATTACHMENT
Page 139 and 140: Defendant. WARRANT FOR ARREST IN R
Page 141 and 142: (4) The vessel is currently berthed
Page 143 and 144: Attorney Name (Bar Number Typed Nam
Page 145 and 146: the Court to enter an Order directi
Page 147 and 148: THEREFORE, in light of the facts pr
Page 149 and 150: located and to be found at and desc
Page 151 and 152: Defendant. AFFIDAVIT (Foreign Attac
Page 153: B^-(B) Motions for judgment on the
Page 157 and 158: States Code, Section 636(b)(1)(B).
Page 159 and 160: ) Plaintiff,) ) vs.) ) Defendant.)
Page 161 and 162: Rule 3. Retention of Membership in
Page 163 and 164: j— (i) Referral. Any District Jud
Page 165 and 166: Effective Dec. 1, 1994. Amended eff
Page 167 and 168: cause for such withdrawal is furnis
Page 169 and 170: Comments (1996) Section A. and B.2.
Page 171 and 172: Jurisdiction and Powers. (1) The Co
Page 173 and 174: Court shall issue an order requirin
Page 175 and 176: jfc-r (1) the procedure in that oth
Page 177 and 178: If after meeting with the attorney
Page 179 and 180: the reinstatement proceeding. Effec
show all

JAN j 6 2010 - United States District Court

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?