US · rules
W.D. Mich. LCrR 56.4
Assignment of cases to judges
(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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