Arraignment

10.1 Whenever the U.S. attorney wishes to have a defendant appear for arraignment or change of plea, a date should be obtained from the chambers of the judge presiding over the matter. The U.S. attorney's office is responsible for notifying all necessary parties of the date and time for the proceeding, to include the marshal, the person responsible for issuing a writ, if needed, the probation office, the defendant and/or defendant's attorney. Local Criminal Rule 11. Guilty pleas 11.1 Taking of guilty pleas in felony prosecutions; magistrate judge consent - With the consent of the district judge to whom the case is assigned, a magistrate judge may preside over the taking of guilty pleas in felony matters pursuant to Rule 11 of the Federal Rules of Criminal Procedure in the circumstances below.

The magistrate judge shall explain to the defendant that he or she has the right to have all proceedings, including the plea hearing, conducted by a district judge. The magistrate judge shall not proceed unless the defendant, defendant's attorney, and the attorney for the government all consent in writing and on the record to allow the magistrate judge to preside over the guilty plea proceedings. If the parties consent to allow the magistrate judge to preside over the guilty plea proceeding, the magistrate judge shall conduct guilty plea proceedings, following the procedures set forth in Rule 11 of the Federal Rules of Criminal Procedure. The magistrate judge shall set forth on the record findings concerning the knowing and voluntary nature of the guilty plea, the adequacy of the factual basis for the plea, and any other relevant matter.

If satisfied that all requirements of law have been met, the magistrate judge shall recommend to the district judge that the plea be accepted and order the preparation of a presentence investigation report. The magistrate judge shall inquire concerning the existence of a plea agreement but shall not accept or reject any such agreement, but shall specifically reserve acceptance of the plea agreement to the district judge. 11.2 Judicial preference - Parties shall reference the court’s scheduling order or judicial guidelines available on the court’s website to ascertain the time and manner in which the court will consider the taking of a guilty plea. --> 11.1 Taking of guilty pleas in felony prosecutions; magistrate judge consent - With the consent of the district judge to whom the case is assigned, a magistrate judge may preside over the taking of guilty pleas in felony matters pursuant to Rule 11 of the Federal Rules of Criminal Procedure in the circumstances below. The magistrate judge shall explain to the defendant that he or she has the right to have all proceedings, including the plea hearing, conducted by a district judge.

The magistrate judge shall not proceed unless the defendant, defendant's attorney, and the attorney for the government all consent in writing and on the record to allow the magistrate judge to preside over the guilty plea proceedings. If the parties consent to allow the magistrate judge to preside over the guilty plea proceeding, the magistrate judge shall conduct guilty plea proceedings, following the procedures set forth in Rule 11 of the Federal Rules of Criminal Procedure. The magistrate judge shall set forth on the record findings concerning the knowing and voluntary nature of the guilty plea, the adequacy of the factual basis for the plea, and any other relevant matter. If satisfied that all requirements of law have been met, the magistrate judge shall recommend to the district judge that the plea be accepted and order the preparation of a presentence investigation report.

The magistrate judge shall inquire concerning the existence of a plea agreement but shall not accept or reject any such agreement, but shall specifically reserve acceptance of the plea agreement to the district judge. 11.2 Judicial preference - Parties shall reference the court’s scheduling order or judicial guidelines available on the court’s website to ascertain the time and manner in which the court will consider the taking of a guilty plea. Local Criminal Rule 12. Motion practice 12.1 Briefs - All motions, except those made orally during a hearing or trial, shall be accompanied by a supporting brief, in compliance with the requirements set forth in LCrR 47.

Any party opposing a written motion shall do so by filing and serving a brief conforming to these rules. All briefs filed in support of or in opposition to any motion shall contain a concise statement of the reasons in support of the party's position and shall cite all applicable federal rules of procedure, all applicable local rules, and the other authorities upon which the party relies. References to the record shall comply with LCrR 49.11. 12.2 Supporting documents - When allegations of facts not appearing of record are relied upon in support of or in opposition to any motion, all affidavits or other documents relied upon to establish such facts shall accompany the motion.

All discovery motions shall set forth verbatim, or have attached, the relevant discovery request and answer or objection. Exhibits and attachments in support of or in opposition to a motion shall comply with LCrR 49.10(d)(vii)(B). 12.3 Modification of limits - In its discretion, the court may in a particular case shorten or enlarge any time, word count, or page limit established by these rules, with or without prior notice or motion. 12.4 Attempt to obtain concurrence - With respect to all motions, the moving party shall ascertain whether the motion will be opposed.

In addition, in the case of all nondispositive motions, counsel or pro se parties involved in the dispute shall confer in a good-faith effort to resolve the dispute. All nondispositive motions shall be accompanied by a separately filed certificate setting forth in detail the efforts of the moving party to comply with the obligation created by this rule. 12.5 Motion for expedited consideration - Where the relief requested by a motion may be rendered moot before the motion is briefed in accordance with the schedules set forth herein, the party shall so indicate by inserting the phrase "EXPEDITED CONSIDERATION REQUESTED," in boldface type, below the case caption, and shall identify in the motion the reason expedited consideration is necessary. 12.6 Unavailability of district judge - If it appears that any matter requires immediate attention, and the district judge to whom the case has been assigned, or in the usual course would be assigned, is not available, the matter shall be referred to the duty magistrate judge, who shall decide the matter if it is within the magistrate judge's jurisdiction.

If the matter can only be decided by a district judge, the magistrate judge shall determine whether the matter can be set for a hearing at a time when the assigned district judge is available. If the matter is determined by a magistrate judge to require an immediate hearing before a district judge, the case will be referred to the Chief Judge, or in the Chief Judge’s absence, the next available district judge by seniority for decision or reassignment to an available district judge. After disposition of this emergency matter, the case will be returned to the originally assigned district judge. --> 12.1 Briefs - All motions, except those made orally during a hearing or trial, shall be accompanied by a supporting brief, in compliance with the requirements set forth in LCrR 47 . Any party opposing a written motion shall do so by filing and serving a brief conforming to these rules.

All briefs filed in support of or in opposition to any motion shall contain a concise statement of the reasons in support of the party's position and shall cite all applicable federal rules of procedure, all applicable local rules, and the other authorities upon which the party relies. References to the record shall comply with LCrR 49.11 . 12.2 Supporting documents - When allegations of facts not appearing of record are relied upon in support of or in opposition to any motion, all affidavits or other documents relied upon to establish such facts shall accompany the motion. All discovery motions shall set forth verbatim, or have attached, the relevant discovery request and answer or objection.

Exhibits and attachments in support of or in opposition to a motion shall comply with LCrR 49.10(d)(vii)(B) . 12.3 Modification of limits - In its discretion, the court may in a particular case shorten or enlarge any time, word count, or page limit established by these rules, with or without prior notice or motion. 12.4 Attempt to obtain concurrence - With respect to all motions, the moving party shall ascertain whether the motion will be opposed. In addition, in the case of all nondispositive motions, counsel or pro se parties involved in the dispute shall confer in a good-faith effort to resolve the dispute.

All nondispositive motions shall be accompanied by a separately filed certificate setting forth in detail the efforts of the moving party to comply with the obligation created by this rule. 12.5 Motion for expedited consideration - Where the relief requested by a motion may be rendered moot before the motion is briefed in accordance with the schedules set forth herein, the party shall so indicate by inserting the phrase "EXPEDITED CONSIDERATION REQUESTED," in boldface type, below the case caption, and shall identify in the motion the reason expedited consideration is necessary. 12.6 Unavailability of district judge - If it appears that any matter requires immediate attention, and the district judge to whom the case has been assigned, or in the usual course would be assigned, is not available, the matter shall be referred to the duty magistrate judge, who shall decide the matter if it is within the magistrate judge's jurisdiction. If the matter can only be decided by a district judge, the magistrate judge shall determine whether the matter can be set for a hearing at a time when the assigned district judge is available.

If the matter is determined by a magistrate judge to require an immediate hearing before a district judge, the case will be referred to the Chief Judge, or in the Chief Judge’s absence, the next available district judge by seniority for decision or reassignment to an available district judge. After disposition of this emergency matter, the case will be returned to the originally assigned district judge.