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W.D. Mich. LCrR 56.4

Assignment of cases to judges

activein force · 2026-08-13 – presentact-effective-date

(a) New criminal cases - Upon the filing of an initial indictment or information, the

clerk must assign the case the next sequential number.

(b) Procedure - The case must be assigned to a district judge by automated means at

random and in the proportions established from time to time by administrative

order. The clerk shall ensure that the name of the assigned judge appears on all

paper filed documents and the electronic filing system. The clerk shall preserve a

record of such assignments.

(c) Exceptions

(i) Refilings - If a case is dismissed and later refiled, either in the same or

similar form, the United States Attorney shall file at the earliest practicable

time a statement notifying the clerk. Upon refiling it shall be assigned or

transferred to the judge to whom it was originally assigned.

(ii) Subsequent proceedings - Post-conviction proceedings in criminal cases

(including motions under section 2255 and proceedings to modify or revoke

probation or supervised release) shall be assigned to the judge who

sentenced the defendant, if that judge is still hearing cases.

(iii) Related cases

(A) Definition - Cases are deemed related when:

(1) a superseding indictment or information has been filed; or

(2) any other indictment or information is pending against the

same defendant(s); or

(3) an indictment or information charges contempt of court or

other crime arising from alleged violation of an order entered

in a previous case; or

(4) an indictment is returned against a defendant who is then on

probation or supervised release to a judge, provided the new

case involves only the same defendant; or

(5) two or more cases are based upon a substantial common

nucleus of facts, events, or transactions.

(B) Determination - When it appears to the United States Attorney that

two or more cases may be related cases, the United States Attorney

shall file at the earliest practicable time a statement in all affected

cases, describing in detail the basis for concluding that the cases may

be related. The duty magistrate judge shall promptly determine

whether the cases are related. If related, the cases will be assigned

to the same judge. If cases are found to be related cases after

assignment to different judges, they may be reassigned by the Chief

Judge to the judge having the related case earliest filed.

(d) Miscellaneous docket - The miscellaneous docket of the court shall be conducted

and assigned at random to a magistrate judge at the time of filing, and it shall

include all grand jury matters. If a miscellaneous docket matter is contested and

requires proceedings conducted before a district judge, the case will be randomly

reassigned to a district judge and a new civil action number will be assigned.

(e) Effect - This rule is intended to provide for an orderly division of the business of

the court and not to grant any right to any litigant.

(f) Duty of parties - All parties shall notify the court in writing of all pending related

cases and any dismissed or remanded prior cases.

Provenance

Source
www.miwd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
eaae223b5ee381a7adfa37e85736a602298b9cfb26c3ab68a8f3518188e09012
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