US · rules
W.D. Mich. LCrR 57.1
Magistrate judges
(a) Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A
magistrate judge may hear and determine any procedural or discovery motion or
other pretrial matters, other than motions to dismiss or quash an indictment or
information made by a defendant and motions to suppress evidence.
(b) Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) -
A magistrate judge may submit to a district judge of the court a report containing
proposed findings of fact and recommendations for disposition by the district judge
of motions to dismiss or quash an indictment or information made against a
defendant or motions to suppress evidence. A magistrate judge may determine any
preliminary matters and conduct evidentiary hearing or other proceeding in
connection with such recommendations.
(c) Other duties - A magistrate judge is also authorized to:
(i) exercise all authority conferred upon United States magistrate judges by the
Federal Rules of Criminal Procedure, including exercising case dispositive
jurisdiction in petty offense and other misdemeanor prosecutions under
Rule 58 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3401;
(ii) conduct pretrial conferences, omnibus hearings, and related pretrial
proceedings in cases;
(iii) conduct all nondispositive proceedings in cases not triable to the magistrate
judge, including initial appearances, bond hearings, detention hearings,
hearings on motion to revoke bond, arraignments, the taking of not-guilty
pleas and the entering of not-guilty pleas for defendants standing mute;
initial appearances may be conducted by video, and arraignments may be
conducted by video with the defendant’s consent; all other proceedings must
be conducted in person;
(iv) upon referral by a district judge, impanel grand juries, and receive grand
jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal
Procedure;
(v) accept waivers of indictment and waivers of counsel;
(vi) upon referral by a district judge, conduct voir dire and select petit juries to
the extent allowed by law;
(vii) upon referral by a district judge, accept petit jury verdicts in cases in the
absence of a district judge;
(viii) conduct necessary proceedings leading to the potential revocation of
probation or supervised release;
(ix) issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus
ad prosequendum, or other orders necessary to obtain the presence of
parties, witnesses, or evidence needed for investigations or for court
proceedings;
(x) order the exoneration or forfeiture of bonds;
(xi) perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109,
regarding proceedings for verification of consent by offenders to transfer to
or from the United States and the appointment of counsel therein;
(xii) issue summons, search warrants, orders or other process authorizing agents
and officers of the Internal Revenue Service or other authorized persons to
enter premises and to make such search as is necessary in order to levy and
seize property pursuant to Section 6331 of the Internal Revenue Code or
other applicable provision of law;
(xiii) conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b)
regarding enforcement of Internal Revenue Service summonses;
(xiv) conduct extradition proceedings in accordance with 18 U.S.C. § 3184;
(xv) preside over guilty pleas in felony prosecutions in the circumstances
allowed by LCrR 11; and
(xvi) perform any additional duty not inconsistent with the Constitution and laws
of the United States.
(d) Appeal from judgments in misdemeanor cases - 18 U.S.C. § 3402 - A defendant
may appeal a judgment of conviction by a magistrate judge in a misdemeanor case
by filing a notice of appeal within fourteen (14) days after entry of the judgment,
and by serving a copy of the notice upon the United States Attorney. If the case was
previously assigned to a district judge, that judge shall hear any appeal from the
decision of the magistrate judge; otherwise, the appeal shall be assigned to a district
judge at random. The scope of appeal shall be the same as on an appeal from a
judgment of the district court to the court of appeals.
(e) Appeals from other orders of a magistrate judge - Appeals from any other decisions
and orders of a magistrate judge not provided for in this rule should be taken as
provided by governing statute, rule, or decisional law. Such appeals shall be taken
in accordance with the procedures set forth in LCivR 72.3.
(f) Unless otherwise prohibited by these rules, any magistrate judge of this court may
exercise nondispositive jurisdiction and perform the duties authorized by this rule
in any criminal case, without the necessity of an order of reference.
Provenance
- Source
- www.miwd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
a103198007a3ab0530ddebd6fca1bc1fd50f0199825a91ebf0095bae1d812506
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