Notice of Related Case in a Criminal Action (a) Notice Requirement. Whenever a party to a criminal action pending in this District knows or learns that the action is related to a civil or criminal act
U.S. District Court for the Northern District of California
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Commentary A Judge's involvement in any pre-indictment miscellaneous proceeding (e.g., issuance of search warrant) is not a basis for assignment of any resulting criminal action to that Judge as a related case. (b) Definition of Related Case for Criminal Action. Any pending criminal action is related to another civil or criminal action when: (1) Both actions concern one or more of the same defendants and the same alleged events, occurrences, transactions or property; or (2) Both actions appear likely to entail substantial duplication of labor if heard by different Judges or might create conflicts and unnecessary expenses if conducted before different Judges. (c) Content of Notice.
A Notice of Related Case in a Criminal Action shall contain: (1) The title and case number of each related case; (2) A description of each related case; (3) A brief statement of the relationship of each action according to the criteria set forth in Crim. L.R. 8-1(b); (4) A statement by the party with respect to whether assignment to a single Judge is or is not likely to conserve judicial resources and promote an efficient determination of the action. USDC Criminal Local Rules – Revised August 21, 2024 CRIM-4 (d) Response to Notice. No later than 7 days after service of a Notice of Related Case in a Criminal Action, any party may serve and file a statement to support or oppose the notice. Such statement shall specifically address the issues in Crim. L.R. 8-1(b) and (c).
(e) Related Case Order. After the time for filing support or opposition to the notice has passed, the Judge assigned to the earliest-filed case shall issue an order that indicates whether the later-filed case is related or not, and if the case is related, whether the later- filed case is to be reassigned to that Judge. After the Judge issues the related case order, the Clerk shall reassign the case if ordered to do so and shall serve a copy of the order upon the parties and the assigned Judge in the later-filed case. USDC Criminal Local Rules – Revised August 21, 2024 CRIM-5 IV.