FORM AND FILING OF DOCUMENTS

(a) Form and Content of Documents. All documents filed in a criminal case shall be on 8½" x 11" paper and shall include the following: (1) (2) (3) (4) Captions. All documents containing the caption of a case shall include the full caption showing the names of all parties. Documents filed after a case is docketed also shall include the name, case number and initial(s) of the Judge to whom the case has been assigned.

Titles. All documents shall bear a title that concisely states the precise nature of the document and identifies the party filing it. Format; Page Numbering. Unless otherwise provided or ordered by the Court, all documents shall be double-spaced and typed in at least 12-point font.

Footnotes shall be in at least 10-point font and may be single-spaced. Where a document is more than one page in length, the pages shall be numbered at the bottom center of each page. Signing of Documents. All documents filed on behalf of a party shall be signed by counsel representing the party on whose behalf the document is filed, or in the case of a defendant proceeding pro se, by the defendant himself or herself.

The name, address and telephone number of the individual signing the document shall be typed or printed below the signature. Documents filed by attorneys shall also bear the attorney’s bar number, and the name, address, fax number and e-mail address of the attorney’s agency or law firm. (b) Criminal Cover Sheet. When an information or indictment or any other document in a criminal case that requires a file to be opened is filed, the government shall contemporaneously file a completed criminal action cover sheet describing the type of case and identifying any related case previously filed or pending in this Court.

The Clerk may reclassify a case if the cover sheet does not accurately describe its type. Effective 1/5/09: §(a)(3) amended. Effective 3/17/08: §(a)(3) amended. CROSS-REFERENCES See LR Cv 5 (form and filing of documents in a civil case); LR Cr 47 (Motions and Other Papers).

129 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS LR Cr 57.2 AUTHORITY OF MAGISTRATE JUDGES IN CRIMINAL CASES (a) Authority and Duties. A full-time or recalled magistrate judge shall perform any duties assigned by the Court or by a district judge and, in doing so, may exercise all powers conferred upon full-time magistrate judges pursuant to 28 U.S.C. § 636. (b) Vacating Referrals. A district judge who has referred any matter to a magistrate judge may, in his or her discretion, vacate the reference at any time.

(c) Objections to Rulings on Nondispositive Matters. (1) (2) (3) Time for Objections. An objection to an order or other ruling by a magistrate judge in a nondispositive matter referred under Fed. R. Crim. P. 59(a) shall be filed and served within 14 days after such order or ruling is served. The objecting party shall also order a transcript of any evidentiary hearing(s) before the magistrate judge within the same 14-day period.

Content of Objections. An objection to a magistrate judge’s order or ruling in a nondispositive matter shall set forth the basis of the objection and comply with LR Cr 47. Responses and Replies. A response to an objection shall be served and filed within 14 days after the objection is served.

The objecting party may serve and file a reply to the response within 7 days thereafter. Unless otherwise permitted or required by the Court, nothing further shall be filed in support of or in response to an objection to a magistrate judge’s order or ruling. Any response and/or reply shall comply with LR Cr 47. (d) Objections to Reports and Recommendations.

(1) (2) (3) Time for Objections. Any objection to a Report and Recommendation by a magistrate judge shall be filed and served within 14 days after such Report and Recommendation is served on the objecting party. The objecting party shall also order a transcript of any evidentiary hearing(s) before the magistrate judge within the same 14-day period. Content of Objections.

An objection to a magistrate judge’s Report and Recommendation shall specify the findings and/or recommendations to which objection is made and the basis for the objection. The objection shall comply with LR Cr 47. Responses and Replies. A response to an objection shall be served and filed within 14 days after the objection is served.

The objecting party may serve and file a reply to the response within 7 days thereafter. Unless otherwise permitted or required by the Court, nothing further shall be filed in support of or in opposition to an objection 130 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS to a magistrate judge’s Report and Recommendation. Any response and/or reply shall comply with LR Cr 47. Effective 12/1/17: §§(c)(2) and (d)(2) amended.

Effective 12/15/14: §§(c)(3) and (d)(3) amended. Effective 12/2/13: §§(c)(1) – (c)(3) amended, and comment added. Effective 12/1/11: §§(c)(1), (c)(2), (d)(1), and (d)(2). The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules.

Effective 12/1/09: §§(c)(1), (c)(3), (d)(1), and (d)(3) amended. *COMMENT Under 18 U.S.C. §3145(a) and (b), a party may have a release or detention order issued by a magistrate judge reviewed by a district judge by filing a “motion” with the Court. However, since these orders relate to nondispositive matters referred to a magistrate judge under Fed. R. Crim. P. 59(a), parties may file a response to the motion for review of a release or detention order within 14 days after the motion is served, and the moving party may file a reply 14 days thereafter in line with LR Cr 57.2(c). CROSS-REFERENCES See LR Cr 47 (Motions and Other Papers) and LR Cv 72 (duties of magistrate judge in civil matters). See also: Fed.R.Crim.P. 58 (duties of magistrate judge in misdemeanor and petty offense cases); 28 U.S.C. § 636 (setting forth jurisdiction and duties of magistrate judges); 18 U.S.C. §§ 3401-3402 (setting forth magistrate judges’ jurisdiction to conduct trials of misdemeanors); and 18 U.S.C. §§ 3141-3146 (bail; release and detention orders).

131 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS