Charging Documents. The electronically filed or electronically submitted charging

documents, including the complaint, information, indictment and superseding information or indictment, must include the image of any legally required signature. II.

INITIAL APPEARANCE AND PRELIMINARY HEARING RULE 5.

Initial Appearance Before Magistrate Judge 5.A Initial Interview of Defendants by Pretrial Services Officers. a. Opportunity to Consult with Counsel. A defendant will be given an opportunity to consult with counsel before his or her initial interview with the Pretrial Services Officers. The Federal Public Defender, as directed by the Court, will provide advice of rights to defendants before their interview by Pretrial Services. b. Notification of Counsel. It is the responsibility of Pretrial Services to notify the defendant’s retained counsel or the Federal Public Defender before the initial interview. c. Determination of Eligibility.

If the Court determines the defendant is eligible for appointed counsel, the Court will appoint counsel under the Criminal Justice Act. The Clerk will notify defendant’s counsel of the custodial status of the defendant and the time of the Initial Appearance or the next scheduled hearing. d. Summons Cases. If a summons is issued to a defendant, the Clerk will attach a notice to the summons advising the defendant to contact Pretrial Services. Pretrial Services will: 1 Case 1:25-mc-00004 Document 35-1 Filed 11/14/25 Page 11 of 25 • advise the defendant of his or her rights; • advise the defendant to consult with counsel before the initial interview with the Pretrial Services Officers; and • advise the defendant that his or her counsel may be present during the initial interview.

5.B Handling and Dispositions of Undocumented Alien Material Witnesses. a. Affidavit. If an undocumented alien is to be a material witness in a criminal case, the United States Attorney will immediately file an affidavit stating reasonable grounds to secure the presence of the undocumented alien under 18 U.S.C. §3144. b. Eligible for Appointed Counsel. If the Court determines the detained material witness is eligible for appointed counsel, the Court will appoint counsel under the Criminal Justice Act, 18 U.S.C. §3006A(a)(1)(G). c. Release of Material Witness. If the Court determines release to be appropriate, the material witness may be released to the supervision of Pretrial Services under 18 U.S.C. §3142. d. Return to Custody of the Bureau of Citizenship and Immigration.

When a material witness is no longer needed for a criminal proceeding, the United States Attorney will file a motion and submit a proposed order to the Court so a material witness may be returned to the custody of the Bureau of Citizenship and Immigration Services for further processing. The proposed order must be submitted as explained in the CM/ECF Administrative Procedures Manual. 5.C Initial Appearances before Part-Time United States Magistrate Judges. A part-time Magistrate Judge may conduct the Initial Appearance.

RULE 5.1 Preliminary Hearing.