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E.D.N.C. Local Criminal Rule 5.3

Authority of Magistrate Judges

activein force · 2023-05-01 – presentact-effective-date

(a) Duties Under 28 U.S.C. § 636(a).

A magistrate judge is authorized to perform the duties prescribed by 28

U.S.C. § 636(a), and may conduct extradition proceedings, in accordance

with 18 U.S.C. § 3184.

(b) Determination of Non-Dispositive 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 matter in a criminal case, other than the motions

specified in subsection (c)(1) of this rule.

(c) Recommendations Regarding Case-Dispositive Motions –28 U.S.C. §

636(b)(1)(B).

(1) A magistrate judge may submit to a district judge a report containing

proposed findings of fact and recommendations for disposition by

the district judge of the following pretrial motions:

a. Motions to dismiss or quash an indictment or information made

by a defendant; and

b. Motions to suppress evidence in a criminal case.

(2) A magistrate judge may determine any preliminary matters and

conduct any necessary evidentiary hearing or other proceeding

arising in the exercise of the authority conferred by this rule.

(d) Prisoner Cases Under 28 U.S.C. § 2254 and § 2255.

A magistrate judge may perform any or all of the duties imposed upon a

district judge by the rules governing proceedings in the United States

district courts under 28 U.S.C. § 2254 and § 2255. In so doing, a magistrate

judge may issue any preliminary orders and conduct any necessary

evidentiary hearing or other appropriate proceeding and shall submit to a

district judge a report containing proposed findings of fact and

recommendations for disposition of the petition by the district judge. Any

order disposing of the petition shall be made only by a district judge.

(e) Other Duties.

A magistrate judge is also authorized to:

(1) exercise general supervision of calendars, conduct calendar and

status calls, and determine motions to expedite or postpone the trial

of misdemeanor and felony cases;

(2) conduct discovery conferences, pretrial conferences, settlement

conferences, omnibus hearings, and related pretrial proceedings;

(3) conduct arraignments and accept pleas pursuant to Fed. R. Crim. P.

11 in cases not triable by the magistrate judge;

(4) receive grand jury returns in accordance with Fed. R. Crim. P. 6(f);

(5) accept waivers of indictment, pursuant to Fed. R. Crim. P. 7(b);

(6) conduct voir dire and select petit juries for the court;

(7) conduct necessary proceedings leading to the potential revocation of

probation;

(8) issue subpoenas, writs of habeas corpus ad testificandum or habeas

corpus ad prosequendum, or other orders necessary to obtain the

presence of persons or evidence needed for court proceedings;

(9) order the exoneration or forfeiture of bonds;

(10) conduct examinations of judgment debtors in accordance with

Fed. R. Crim. P. 69;

(11) conduct proceedings for initial commitment of narcotics addicts

under Title III of the Narcotic Addict Rehabilitation Act;

(12) 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

attorneys therein;

(13) exercise contempt authority in accordance with 28 U.S.C. § 636(e);

and

(14) perform any additional duty consistent with the Constitution and

laws of the United States.

Provenance

Source
www.nced.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
cf85feb53328e65fa3522e568484b421ccbb2069f87f6ad236209db84cc16309
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