UNITED STATES MAGISTRATE JUDGES

UNITED STATES MAGISTRATE JUDGES CRIMINAL RULES

Except as hereinafter provided, a United States magistrate judge appointed in this district is authorized and designated to exercise powers and duties consistent with the United States Constitution, 28 U.S.C. ' 636, other statutes as may be applicable, and the Federal Rules of Criminal Procedure. Those powers and duties may include, but are not limited to, those enumerated in this rule. (A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES (1) GENERAL ASSIGNMENT The clerk will assign cases or duties in a case to a magistrate judge and allocate duties among the magistrate judges of the court in accordance with this rule, standing orders of the court, or by special reference of a district judge, which reference may be by formal order or informal request. This rule does not preclude a district judge from reserving a proceeding for decision by a district judge rather than a magistrate judge.

Assignment of duties or cases to a magistrate judge will generally be based on geographic location of the magistrate judge’s chambers. (2) CASE ASSIGNMENT (a) Misdemeanor Cases. (i) (ii) Class A Misdemeanors. Class A misdemeanor cases are assigned to a magistrate judge upon filing of the charges.

The magistrate judge will handle all pretrial proceedings and, upon consent of the defendant, conduct trial or guilty plea proceedings, sentence the defendant, conduct post-conviction proceedings. Petty Offenses (Class B Misdemeanors, Class C Misdemeanors, and Infractions). Petty offense cases are assigned to a magistrate judge upon filing of the charges. The magistrate judge will handle all proceedings. judgment, enter and (b) Felony Cases.

Pre-indictment proceedings are conducted by a magistrate judge. Upon filing of an indictment, the case is assigned to a district judge. A magistrate judge will conduct initial appearances, arraignments, and other duties by general reference, specific order of reference, or informal request of a district judge. 66 Effective October 6, 2025 (B) DUTIES IN CRIMINAL MATTERS CRIMINAL RULES The magistrate judges of this court are authorized and designated to exercise the following duties in criminal matters: (1) Conduct all proceedings in class A misdemeanor cases, including conducting jury or bench trials, accepting guilty pleas, sentencing, entering judgments, and conducting post-conviction proceedings, with the defendant’s consent to proceed before a magistrate judge; (2) Conduct all proceedings in petty offense cases; (3) Conduct pre-indictment and pretrial proceedings in felony investigations and cases, including issuing arrest and search warrants; determining probable cause for filing complaints; conducting initial appearances, preliminary hearings, arraignments, detention hearings, and Fed. R. Crim. P. 40 removal proceedings; setting release conditions; addressing extradition and consent to transfer; and addressing appointment and substitution of an attorney; (4) Conduct all pre-adjudication hearing proceedings in juvenile delinquency cases; (5) (6) (7) Conduct case management conferences and determine non-dispositive motions if designated by a district judge (28 U.S.C. § 636(b)(1)(A ; Issue reports and recommended findings, including conducting evidentiary hearings when necessary, on evidentiary motions and case dispositive motions (28 U.S.C. ' 636(b)(1)(B in felony cases and misdemeanor cases proceeding before a district judge, upon designation by a district judge; Issue reports and recommended findings when accepting guilty pleas in felony cases and in misdemeanor cases proceeding before a district judge, if designated by a district judge and upon consent of the defendant; (8) Conduct preliminary proceedings on felony probation or supervised release revocation or modification petitions, and if designated by a district judge, conduct the final hearing and issue a report and recommended findings to a district judge; (9) Empanel grand juries and receive grand jury returns; 67 Effective October 6, 2025 CRIMINAL RULES (10) Conduct jury voir dire and selection in felony cases and class A misdemeanor cases proceeding before a district judge, upon designation by a district judge and upon consent of the parties; (11) Issue subpoenas, writs of habeas corpus ad testificandum and habeas corpus ad prosequendum, and other orders necessary to obtain the presence of parties, witnesses, or evidence needed for court proceedings; (12) Issue warrants for searches and seizures that are not within the purview of Fed. R. Crim. P. 41; (13) Issue warrants of arrest for individuals who have been determined, under 18 U.S.C. ' 3144, to be material witnesses; (14) Issue orders authorizing the installation and use of devices, including traps and traces, pen registers, and mobile tracking devices, and issue orders directing an electronic communication service provider or a remote computing service to provide assistance to a named federal investigative agency in accomplishing the installation of traps and traces, pen registers, and other location devices; (15) Issue orders ruling on pre-indictment challenges to grand jury subpoenas or other motions related to grand jury proceedings and related contempt proceedings to the extent authorized by statute; (16) Request preparation of a presentence investigation report in misdemeanor cases; and (17) Accept jury verdicts in cases proceeding before a district judge.

(C) FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE Magistrate judges are authorized to accept payment of a fixed sum in lieu of appearance in a petty offense case. Conditions and schedules for the forfeiture of collateral in lieu of appearance are on the court’s website. (D) REVIEW AND APPEAL (1) APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case to a district judge by filing a notice of appeal within fourteen 68 Effective October 6, 2025 (14) days after entry of judgment and by serving a copy of the notice upon the United States Attorney. The scope of review upon appeal is the same as appeal from a judgment of a district judge to the court of appeals.

See Fed. R. Crim. P. 58. CRIMINAL RULES (2) OBJECTION TO NON-DISPOSITIVE ORDER A party may object to a magistrate judge’s determination of a non-dispositive matter within fourteen (14) days after being served with a copy of the magistrate judge’s order unless otherwise ordered by the court (28 U.S.C. ' 636(b)(1)(A) & Fed. R. Crim. P. 59(a . The objecting party must serve and file a written objection to the order, which must specifically designate the order or part of the order to which the objection is made and the grounds for the objection. The adverse party has seven (7) days after service and filing of the objection to serve and file a response.

The objection and response may not exceed twenty (20) pages. A reply is not permitted. The party filing an objection must file a transcript of any hearing during which the magistrate judge made findings of fact related to the objection. With leave of court, the party may rely on an audio recording of the hearing in lieu of a transcript.

A district judge must consider the objection and set aside any portion of the magistrate judge’s order found to be clearly erroneous or contrary to law. Filing an objection does not stay the magistrate judge’s order. A request to stay a magistrate judge’s order pending objection must be made to the magistrate judge with notice to all parties. (3) OBJECTION TO REPORT AND RECOMMENDATIONS A party may object to a magistrate judge’s report and recommendations on an evidentiary or dispositive matter within fourteen (14) days after being served with a copy, unless the court orders otherwise (28 U.S.C. ' 636(b)(1)(B) & Fed. R. Crim. P. 59(b)(2 .

The objecting party must serve and file written objections, which must identify the portions of the proposed findings, recommendations, or report to which objections are made and the basis for the objections. The objection and response may not exceed twenty (20) pages. A reply is not permitted. The party filing objections must file a transcript of any evidentiary proceeding related to the report and recommendations.

With leave of court, the party may rely on an audio recording of the hearing in lieu of a transcript. 69 Effective October 6, 2025 CRIMINAL RULES A district judge must make a de novo determination of those portions of the report and recommendations to which specific objections are made and may accept, reject, or modify in whole or in part the findings or recommendations made by the magistrate judge. The district judge will not generally conduct a hearing but, in appropriate circumstances, may receive further evidence, recall witnesses, or recommit the matter to the magistrate judge with instructions. 70 Effective October 6, 2025 INDEX INDEX Bonds Attorneys Form a Effective October 6, 2025 INDEX Costs Compliance , 16 Interest-Bearing Funds , 15 b Effective October 6, 2025 INDEX Grand Juries Divisions , 55 Exhibits Custody of Exhibits , 55 Marking Exhibits , 55 Return of Exhibits , 56 Sensitive Exhibits , 55 Fees Files and Filing , 65 Electronic Case Filing (ECF) , 65 Form , 65 , 61 Motions Deadlines and Page Limits , 61 Deadlines for Pro Se Parties without Access to Electronic Filing , 62 Failure to File Memorandum or Response , 64 Form of Filings and Exhibits , 62 General Matters , 62 Motions for Oral Argument , 62 Proposed Orders Not Required , 62 c Effective October 6, 2025 INDEX Service and Filing Not on Same Date , 62 Plan Use Stipulations , 52 Time , 60 United States Magistrate Judges , 67 Assignment of Matters to Magistrate Judges , 67 Subpoenas d Effective October 6, 2025 INDEX Objection to Non-Dispositive Order , 70 Objection to Report And Recommendations , 70 Review and Appeal , 69 e Effective October 6, 2025 APPENDIX DEADLINES Type of Filing Deadline Amicus Curiae Brief (Motion for Leave to File and Proposed Brief) Appeal from Judgment of Conviction by Magistrate Judge in Misdemeanor Case Completion of Discovery Disclosure Statement Jury Instructions Motion for Attorney’s Fees Motion for Costs Motion to Quash or Limit Grand Jury Subpoena Motion to Reinstate Case Objection to Magistrate Judge’s Order on Non- dispositive Matter Objection to Removal 7 days after party being supported files memorandum in support of motion or response to motion 14 days after entry of judgment entry 30 days before trial 14 days after party’s first of or filing appearance 7 days before jury trial 14 days after entry of judgment, unless recovery is sought against United States.

See 28 U.S.C. ' 2412(d)(1)(B). 14 days after entry of judgment or issuance of mandate by court of appeals 7 days before witnesses’ appearance or production 60 days after date of order dismissing settled case 14 days after being served of magistrate judge’s order 30 days from notice of removal copy APPENDIX General Rule Civil Rule 7.1(C) Criminal Rule 59.1(D)(1) 30.1(A) 6.1(C) 26.1(A) 7.1.1 51.1(A) 54.1(B) 54.1(A) 41.1 72.1(D)(2) 59.1(D)(2) 3.1(A) f Effective October 6, 2025 DEADLINES Type of Filing Deadline General Rule Civil Rule Criminal Rule APPENDIX Objection to Report and Recommendations Reply to Criminal Motion Reply to Dispositive Motion Reply to Motion for Attorney’s Fees Reply to Motion for Compassionate Release Reply to Motion for Costs Reply to Motion for Injunctive Relief Reply to Non-dispositive Motion Response to Compassionate Release Motion Response to Criminal Motion Response to Dispositive Motion Response (by the USA) to a Motion for Attorney’s Fees Response/Objection to Motion for Costs Response to Motion for Injunctive Relief Response to Non-dispositive Motion Response to Objection to Magistrate Judge’s Decision of Non-dispositive Matter 14 days after being served copy of Report and Recommendations 7 days 14 days 7 days 14 days 7 days 7 days 7 days 28 days 14 days 28 days 14 days 14 days 14 days 14 days 7 days 72.1(D)(3) 59.1(D)(3) 47.1(A)(1) 47.1(A)(2) 47.1(A)(2) 47.1(A)(1) 7.1(A)(1)(a) 54.1(B) 54.1(A)(1) 7.1(A)(3)(a) 7.1(A)(2) 7.1(A)(1)(a) 54.1(B)(2) 54.1(A)(1) 7.1(A)(3)(a) 7.1(A)(2) 72.1(D)(2) 59.1(D)(2) g Effective October 6, 2025 Type of Filing Deadline DEADLINES Response to Order to Show Cause re: Attorney Discipline Response to Sentencing Memorandum Sentencing Memorandum and Sentencing Memorandum Supplement Settlement Documents Settlement Documents (if United States is a party) Verdict Form 30 days after service of order to show cause 2 days before sentencing hearing 7 days before sentencing hearing 30 days after advising court case has settled 60 days after advising court case has settled 7 days before trial APPENDIX General Rule 1.3(H)(2) Civil Rule Criminal Rule 32.1(B) 32.1(B) 41.1 41.1 51.1(A) 30.1(A) h Effective October 6, 2025 APPENDIX PAGE LIMITS (a table of contents or a table of authorities, if included, do not count towards the page limits) Type of Filing Page Limit Civil Rule Criminal Rule Amicus Curiae Brief 20 pages 7.1(C)(4) Memorandum in Support of Criminal Motion 20 pages 47.1(A)(1) Memorandum in Support of Dispositive Motion Memorandum in Support of Motion for Compassionate Release Memorandum in Support of Motion for Injunctive Relief Memorandum in Support of Motion for Leave of Court to File Additional Filing Memorandum in Support of Motion for Leave of Court to File Filing that Exceeds the Page Limits Memorandum in Support of Motion for Oral Argument Memorandum in Support of Non-dispositive Motion Objection to Magistrate Judge’s Decision of Non-dispositive Matter Objection to Report and Recommendations Reply to Criminal Motion Reply to Dispositive Motion Reply to Motion for Compassionate Release Reply to Motion for Injunctive Relief Reply to Non-dispositive Motion Response to Criminal Motion Response to Dispositive Motion Response to Motion for Compassionate Release 40 pages 7.1(A)(1)(a) 20 pages 47.1(A)(2) 20 pages 7.1(A)(3)(b) 2 pages 7.1(A)(4) 47.1(A)(3) 2 pages 7.1(A)(4) 47.1(A)(3) 2 pages 7.1(A)(6) 47.1(A)(5) 20 pages 7.1(A)(2) 20 pages 72.1(D)(2) 59.1(D)(2) 20 pages 7 pages 10 pages 7 pages 7 pages 7 pages 20 pages 40 pages 20 pages 72.1(D)(3) 59.1(D)(3) 47.1(A)(1) 7.1(A)(1)(a) 7.1(A)(3)(b) 7.1(A)(2) 7.1(A)(1)(a) 47.1(A)(2) 47.1(A)(1) 47.1(A)(2) i Effective October 6, 2025 Type of Filing Page Limit Civil Rule APPENDIX Criminal Rule Response to Motion for Injunctive Relief Response to Non-dispositive Motion Response to Objection to Magistrate Judge’s Decision of Non-dispositive Matter Response to Objection to Report and Recommendations 20 pages 20 pages 20 pages 7.1(A)(3)(b) 7.1(A)(2) 72.1(D)(2) 59.1(D)(2) 20 pages 72.1(D)(3) 59.1(D)(3) j Effective October 6, 2025 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA IN THE MATTER OF: REVISION OF LOCAL RULES ORDER It is ORDERED that the Local Rules for the United States District Court for the District of North Dakota are REVISED, AMENDED, and ADOPTED, effective October 6, 2025. Prior adopted Local Rules are hereby REVOKED. These Local Rules govern all proceedings pending on the effective date, unless the application of these Local Rules would not be practicable or would create an injustice, in which event, the court may grant appropriate relief.

These Local Rules supplement the Federal Rules of Civil Procedure, Title 28 of the United States Code, the Federal Rules of Criminal Procedure, and Title 18 of the United States Code. A Local Rule is subject to modification by a judge upon application of a party to litigation or on the Court’s own motion for good cause. Dated this 6st day of October, 2025. /s/ Peter D. Welte Peter D. Welte, Chief Judge United States District Court United States Courts Judicial Council of the Eighth Circuit Thomas F. Eagleton United States Courthouse 111 South 10th Street - Suite 26.325 St. Louis, Missouri 63102-1116 Millie B. Adams Circuit Executive Voice (314) 244-2600 Fax (314) 244-2605 www.ca8.uscourts.gov EIGHTH CIRCUIT JUDICIAL COUNCIL ORDER I hereby certify that the United States District Court for the District of North Dakota has furnished amended rules to the Judicial Council, effective October 6, 2025, in accordance with 28 U.S.C. § 207l(d). The Local Rule amendments have been reviewed by the Judicial Council, and it has determined to take no action with respect to the amended rules.

The rules, therefore, remain in effect in accordance with 28 U.S.C. § 2071(c)(l) and Fed. R. Crim. P. 57(c). Milie B. Adams Circuit Executive St. Louis, Missouri October 17, 2025 cc: Judicial Council Members Chief Judge Peter D. Welte Kari M. Knudson, Clerk of Court Review was undertaken by the Rules Committee. JCO 3501