ASSIGNMENT OF CRIMINAL BUSINESS

U.S. District Court for the Eastern District of Pennsylvania

Rule Set: Local Criminal Rules of the United States District Court for the Eastern District of Pennsylvania

Rule: 50.1

Jurisdiction: EDPA

Bluebook Citation: E.D. Pa. L.R. Cr. 50.1

(a) All criminal cases in this jurisdiction shall be divided into the following categories: (1) Antitrust. (2) Income Tax and other Tax Prosecutions. (3) Commercial Mail Fraud. (4) Controlled Substances.

(5) Violations of 18 U.S.C. Chapters 95 and 96 (Sections 1951- 55 and 1961068) and Mail Fraud other than commercial. (b) (6) General Criminal. All grand jury litigation shall be designated as follows: (c) (1) Grand Jury Matters. Except for the assignment of grand jury matters, where it appears from the designation form filed by counsel, or from the indictment, information or other pleading in a criminal case, that a defendant resides in or that events which are the subject matter of the indictment occurred in the counties of Berks, Lancaster, Lehigh or Northampton, said case shall be assigned or reassigned for trial and pretrial procedures to a judge stationed in Reading, Lancaster, Easton or Allentown, who shall be given appropriate credit by category for any case so assigned, reassigned or transferred and, unless otherwise directed by the court, all trial and pre-trial procedures with respect thereto shall be held in Reading, Lancaster, Easton or Allentown.

All other cases, unless otherwise directed by the court, shall be tried in Philadelphia. As each case is filed, it shall be assigned to a judge, who shall thereafter have charge of the case for all purposes. In respect to grand jury matters, the - 24 - assignment of the judge shall not in any way be dependent upon the location of the residence of anyone, or the location of any incident or a transaction which is the subject of the grand jury investigation. (d) The assignment shall take place in the following manner: (1) There shall be a separate block of assignment cards for each category of criminal cases and for grand jury matters.

In each block of assignment cards, the name of each active judge shall appear an equal number of times in a non-sequential manner except that the name of the chief judge shall appear one-half the number of times of each of the other active judges. The sequences of judges' names within each block shall be kept secret and no person shall directly or indirectly ascertain or divulge or attempt to ascertain or divulge the name of the judge to whom any case may be assigned before the assignment. The case number shall be stamped on the assignment card at the time of filing and assignment, and all assignment cards shall be preserved. (2) The assignment clerk shall stamp on the indictment information, complaint, petition, or other initial paper of every case filed, and on the file jacket, the number of the case and the initials (or other designation) of the judge to whom it is assigned.

The numbering and assignment of each case shall be completed before processing of the next case is begun. (3) At the time of filing any criminal indictment or information, counsel for the government shall indicate whether a case is related to any other prior or pending action in this court. Criminal cases are deemed related if a defendant or defendants are alleged to have participated in the same action or transaction, or in the same series of acts or transaction, constituting an offense or offenses. - 25 - (4) If the fact of relationship is indicated on the appropriate form at the time of filing, the assignment clerk shall assign the case to the same judge to whom the earlier numbered related case is assigned. If the judge receiving the later case determines that the relationship does not exist, the judge shall refer the case to the assignment clerk for reassignment by random selection in the same manner as if it were a newly filed case.

(5) If the relationship does not become known until after the case is assigned, the judge receiving the later case may refer it to the Chief Judge for reassignment to the judge to whom the earlier related case is assigned. If the Chief Judge determines that the cases are related, the Chief Judge shall transfer the later case to the judge to whom the earlier case is assigned. Otherwise, the Chief Judge shall return the later case to the judge to whom it was originally assigned. Effective: February 1, 2010 - 26 -

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