Criminal Case Proceedings before Assignment to a District Judge (a) Calendar for Proceedings in Criminal Cases Before Assignment. Each courthouse of this District shall maintain a criminal calendar to

U.S. District Court for the Northern District of California

Rule Set: Criminal Local Rules of the United States District Court for the Northern District of California

Rule: 5-1

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Crim. L.R. 5-1

Cross Reference See Crim. L.R. 18-1(a),(b) or (c). (b) Proceedings Before Magistrate Judge Prior to Assignment. At each courthouse a Magistrate Judge shall be designated to hear and decide matters arising before the case has been assigned to a District Judge in criminal cases which have been assigned to that courthouse. The designated Magistrate Judge is empowered to hear and decide any matter on that calendar unless a federal statute or federal rule requires that the matter be decided by a District Judge.

(c) Initial Appearance After Arrest. Whenever a person is arrested in this District for a federal offense, the person shall be brought without unnecessary delay before a Magistrate Judge. The Magistrate Judge before whom the person is brought shall preside over the initial appearance in accordance with Fed. R. Crim. P. 5. All subsequent proceedings shall be conducted at the courthouse where the case has been assigned pursuant to Crim. L.R. 7-1.

(d) Proceedings Before a District Judge Prior to Assignment. When a matter arises in a criminal case before the case has been assigned to a District Judge which a federal statute or federal rule requires be presented to or decided by a District Judge, it shall be presented to the General Duty Judge. Cross Reference See Civil L.R. 1-5(j) “General Duty Judge.” USDC Criminal Local Rules – Revised August 21, 2024 CRIM-2 III.

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