TITLE V - MAGISTRATE JUDGES

RULE 501

DUTIES AND POWERS OF MAGISTRATE JUDGES

(a) GENERAL DUTIES.

The United States Magistrate Judges appointed by this Court pursuant to 28 U.S.C. § 631 shall have the duty and the power to:

1. Act as committing magistrate judge in holding preliminary hearings for violations of the United States Code.
2. Issue arrest warrants or summonses for violations of the United States Code.
3. Issue search warrants.
4. Conduct federal removal proceedings and issue warrants of removal as provided in Rule 40, Federal Rules of Criminal Procedure.
5. Conduct international extradition proceedings.
6. Administer oaths and affirmations and take acknowledgments, affidavits and depositions.
7. Impose or review conditions of release under applicable federal law.
8. Order the return or the forfeiture of collateral or surety bonds.
9. Issue subpoenas, writs of habeas corpus ad testificandum, or habeas corpus ad proseduendum, or other orders necessary to obtain the presence of parties or witnesses or evidence needed for Court proceedings.
10. Order lineups, photographs, fingerprinting, palm-printing, voice identification, medical or physical examinations, and the taking of blood, urine, fingernail, hair and bodily secretion sampling (with any appropriate medical safeguards required by due process considerations) and handwriting exemplars.
11. Ascertain whether defendants in criminal cases docketed in this Court are represented by counsel and, in instances where any defendant is financially unable to obtain counsel, appoint counsel to represent the defendant throughout all proceedings in this Court.
12. Supervise proceedings conducted pursuant to letters rogatory in accordance with 28 U.S.C. § 1782.
13. Conduct proceedings and enter orders as described in Rules 502 and 505 of these Rules.
14. Refer a defendant to an available facility for a preliminary opinion; hear motions, and enter orders for examinations to determine mental competency; and conduct competency hearings to determine a defendant's ability to understand and to participate in any proceeding which a magistrate judge is authorized to conduct.
15. Conduct hearings and enter orders regarding persons believed to be mentally ill found in certain federal reservations, in accordance with 21 D.C. Code § § 901-909.
16. Perform any additional duty not inconsistent with the Constitution and laws of the United States.

(b) POWERS EXERCISED AT THE REQUEST OF A JUDGE.

At the request of the judge to whom the case is assigned, a magistrate judge shall have the duty and power to:

1. Conduct proceedings and enter orders or recommendations as described in Rules 503 and 504 of these Rules.
2. Dismiss indictments on motion of the United States Attorney and with the consent of the defendants.
3. Conduct arraignments to the extent of taking and entering pleas of not guilty.
4. Enter scheduling orders and exercise other powers provided in Rules 16 and 26(f), Federal Rules of Civil Procedure, and Rules 206.1 and 207 of these Rules.
5. Serve as a special master in civil actions pursuant to Rule 53, Federal Rules of Civil Procedure.
6. Conduct voir dire and select petit juries.
7. Accept petit jury verdicts in civil cases in the absence of a judge.
8. Conduct examinations of judgment debtors in accordance with Rule 69 of the Federal Rules of Civil Procedure.

(c) POWERS EXERCISED AT THE REQUEST OF THE CHIEF JUDGE.

At the request of the Chief Judge, the magistrate judge shall have the duty and power to:

1. Receive indictments returned by the grand jury and issue bench warrants, when necessary, for defendants named in the indictments.
2. Conduct proceedings incident to the transfer of cases pursuant to Rule 20, Federal Rules of Criminal Procedure.

COMMENT TO RULE 501: To conform the Local Rules to the existing practice of having magistrate judges address a defendant's competency sua sponte, or at the request of a District Judge, and consistent with the opinion of the Court in United States v. Weissberger, 951 F.2d 392 (D.C. Cir. 1991), former Rules 501(b)(9), (10) and (11) have been moved to the general duties section, 501 (a). Former Rules 501(b)(9) and (10) have been combined into one rule, Rule 501(a)(14). The combined rule has been revised to make it clear that a magistrate judge's authority to make competency determinations is limited to proceedings which a magistrate judge is authorized to conduct and is not a final dispositive order on the question of a defendant's competency to stand trial. Determinations as to competency of a defendant to stand trial will continue to be made by the trial judge. Rule 501(b)(11) has been renumbered 501(a)(15).

RULE 502

REFERRAL OF CIVIL CASES TO MAGISTRATE JUDGES FOR ALL PURPOSES

(a) CONSENT TO ASSIGNMENT.

By consent of all parties and with the approval of the judge to whom the case is assigned, a magistrate judge may conduct any and all proceedings in a civil case, including trials (with or without a jury), and may thereafter order entry of judgment, in accordance with 28 U.S.C. § 636(c).

(b) PROCEDURE FOR CONSENT.

The Clerk shall notify the parties of their voluntary right to consent to assignment of a civil case to a magistrate judge as soon as practicable after the action is filed. If the parties consent to such an assignment, a notice of consent signed by the parties or their attorneys shall be filed with the Clerk. The notice of consent should be filed prior to entry of a pretrial order under Rule 209 of these Rules. Thereafter, either the District Court judge or the magistrate judge may again advise the parties of the availability of the magistrate judge, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences.

(c) APPEAL TO THE UNITED STATES COURT OF APPEALS.

Unless the parties consent to an appeal to the District Court as provided in paragraph (d), an appeal from a judgment of a magistrate judge shall be taken to the United States Court of Appeals for the District of Columbia Circuit, in the same manner as an appeal from a judgment of the District Court in a civil case.

(d) APPEAL BY CONSENT TO THE DISTRICT COURT.

The parties may, in the notice of consent provided for by subparagraph (b) of this Rule, affirmatively state that they consent to appeal on the record to a judge of the District Court, in which case an appeal from the final judgment of the magistrate judge shall be taken to the judge to whom the case was originally assigned. The notice of appeal shall be filed with the Clerk within 30 days after the judgment is entered, except that if the United States or any officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after the judgment is entered. The notice of appeal shall be served by the Clerk on all parties and shall identify the party or parties taking the appeal, the judgment or order or part thereof appealed from, and the name of the judge to whom the appeal is taken. The appeal shall be on the original record, except that the parties shall order a transcript only of those portions of the proceedings relevant to the issues on appeal, and where the issues involve only questions of law, the parties may submit an agreed statement of facts or a designation of the parts of the record relevant thereto. The judge to whom the appeal is taken shall set a schedule for briefing and argument and may enter any other order not inconsistent with Rule 75, Federal Rules of Civil Procedure, which is necessary or appropriate to process the appeal expeditiously and inexpensively.

COMMENT TO RULE 502: Rule 502(B) has been changed to conform to 28 U.S.C. § 636(C)(2) (1991). That section was recently amended to provide the district or magistrate judge an opportunity, at any time after the initiation of the lawsuit, to inform the parties of the availability of the magistrate judge. The word "voluntary" and the last sentence of paragraph (b) are added because 28 U.S.C. § 636(c)(2) requires the Court in its Local Rules to "include procedures to protect the voluntariness of the parties' consent." The change to Rule 502(d) is technical, reflecting the abrogation, effective December 1, 1990, of Rules 1 through 9 of the Rules of Procedure for the Trial of Misdemeanors Before United States Magistrate Judges.

RULE 503

REFERRAL OF MOTIONS AND PRETRIAL MATTERS TO MAGISTRATE JUDGES

(a) MATTERS DETERMINABLE BY A MAGISTRATE JUDGE.

At the request of the judge to whom the case is assigned, a magistrate judge may hear and determine any pretrial motion or matter other than those motions specified in Rule 504 of these Rules, and may conduct pretrial proceedings and enter orders pursuant to Rule 209 of these Rules.

(b) MOTION FOR RECONSIDERATION OF THE MAGISTRATE JUDGE'S RULING.

Any party may request the judge to reconsider a magistrate judge's ruling under paragraph (a) by filing a motion to reconsider within 10 days after being served with the order of the magistrate judge, unless a different time is prescribed by the magistrate judge or the judge. The motion shall specifically designate the order or part thereof to which objection is made, and the basis for the objection.

(c) BASIS FOR RECONSIDERATION.

Upon a motion for reconsideration or sua sponte, a judge may modify or set aside any portion of a magistrate judge's order under this Rule found to be clearly erroneous or contrary to law. A judge may modify or set aside any portion of a magistrate judge's order pursuant to Rule 209 of these Rules whenever the judge deems such a modification necessary or appropriate.

COMMENT TO RULE 503: Former Rule 3-8(b)(1) has been revised for brevity and clarity. The term "motion for reconsideration" is substituted for the term "appeal" to match the language of the authorizing statute, 28 U.S.C. § 636(b)(1)(A). This Rule also incorporates certain provisions of former Rule 3-9; the remaining provisions are no longer necessary in view of new Rule 209(e)(3).

RULE 504

REFERRAL OF MATTERS FOR HEARING AND RECOMMENDATION BY MAGISTRATE JUDGES

(a) MATTERS REFERABLE TO A MAGISTRATE JUDGE FOR HEARING AND RECOMMENDATION.

At the request of the judge to whom the case is assigned, a magistrate judge may conduct hearings, including evidentiary hearings, and submit to the judge proposed findings of fact and recommendations for the disposition of:

1. applications for post-trial relief made by individuals convicted of criminal offenses;
2. prisoner petitions challenging conditions of confinement;
3. applications for revocation of probation, in accordance with Rule 308(c) of these Rules;
4. motions for injunctive relief (including temporary restraining orders and preliminary injunctions);
5. motions for judgment on the pleadings, for summary judgment, to dismiss an indictment or information made by the defendant, or otherwise to dismiss an action involuntarily;
6. motions to set aside default judgments;
7. petitions for judicial review of administrative determinations; and
8. petitions for civil commitment arising under Title III of the Narcotic Addict Rehabilitation Act of 1966, 18 U.S.C. § 4251, et seq.

(b) OBJECTION TO RECOMMENDATIONS OF THE MAGISTRATE JUDGE.

Any party may file written objections to the magistrate judge's proposed findings and recommendations issued under paragraph (a) within 10 days after being served with a copy thereof. The objections shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection.

Failure to file timely objections may waive appellate review of a District Court order adopting the magistrate judge's report. All magistrate judge's reports shall contain a notice substantially as follows:

Failure to file timely objections to the findings and recommendations set forth in this report may waive your right of appeal from an order of the District Court adopting such findings and recommendations. See Thomas v. Am, 474 U.S. 140 (1985).

(c) DETERMINATION BY THE COURT.

A judge shall make a de novo determination of those portions of a magistrate judge's findings and recommendations to which objection is made as provided in paragraph (b). A judge may make a determination based solely on the record developed before the magistrate judge, or may conduct a new hearing and receive further evidence. The judge may also receive further evidence and recall witnesses. A judge may accept, reject, or modify, in whole or in part, the findings and recommendations of the magistrate judge, or may recommit the matter to the magistrate judge with instructions.

COMMENT TO RULE 504: Based on former Rule 3-8(b)(2). The new rule adds to the former list of matters referable to a magistrate judge items (6) and (7), which are specifically authorized by 28 U.S.C. § 636(b)(1)(B). It also adds items (3) and (10), which were formerly listed in Rule 3-8(a) but which are more appropriately included in the list of matters referable by a judge for hearing and recommendation. In addition, the rule is revised for clarity and brevity.

COMMENT TO RULE 504(b) AS AMENDED 10/10/90: This amendment is designed to provide litigants with the notice required by the Supreme Court in Thomas v. Am. In that case, the Supreme Court held that the Courts of Appeals may find a waiver of the right to appeal a District Court order adopting a magistrate judge's report and order unless timely objections are filed with the District Court. As Rule 504 currently reads, litigants would reasonably conclude that failure to file objections within 10 days waives the right to District Court review of the magistrate judge's report. However, without notice, it does not logically follow that failure to timely object would also waive the right to appellate review of the magistrate judge's recommendations and orders. Every Circuit, except the District of Columbia, has adopted some type of waiver rule. The D.C. Circuit has not yet addressed the issue.

RULE 505

REFERRAL OF MISDEMEANOR CASES TO MAGISTRATE JUDGES FOR ALL PURPOSES

(a) JURISDICTION TO CONDUCT TRIALS OF MISDEMEANOR CASES.

A magistrate judge may conduct trials (with or without a jury), accept pleas, impose sentence, and otherwise exercise jurisdiction in cases of misdemeanor offenses in accordance with 18 U.S.C. § 3401 and Rule 58, Federal Rules of Criminal Procedure.

(b) REQUEST FOR STENOGRAPHIC REPORTER.

In the case of a misdemeanor other than a petty offense, the proceedings shall be stenographically reported upon request of a party made at the time of execution of the written consent to be tried by the magistrate judge, or at such other later time as the magistrate judge may allow.

(c) PRESENTENCE INVESTIGATION AT THE REQUEST OF A MAGISTRATE JUDGE.

When requested by a magistrate judge, the Probation Service shall conduct a presentence investigation and render a report on any person convicted or who pleads guilty or nolo contendere before the magistrate judge.

(d) PAYMENT OF FIXED SUM IN LIEU OF APPEARANCE.

In accordance with Rule 58(d), Federal Rules of Criminal Procedure, the magistrate judge may in suitable types of misdemeanor cases accept payment of a fixed sum in lieu of appearance. In such cases, payment of the fixed sum shall terminate the proceeding. A schedule of fixed sums for misdemeanor cases subject to this Rule shall be approved by the Court on recommendation of the magistrate judges. The schedule may provide that the fixed sums will be increased depending on the stage of the proceedings at which the sum is paid, but the sum shall not exceed the maximum fine which could be imposed upon conviction.

COMMENT TO RULE 505: The changes to Rule 505(a) and (d) are technical in nature and reflect the abrogation, effective December 1, 1990, of Rules 1 through 9 of the Rules of Procedure for the Trial of Misdemeanors Before United States Magistrate Judges.