D.N.D. Crim. L.R. 59.1

Except as hereinafter provided, a United States magistrate judge appointed in this district is

authorized and designated to exercise powers and duties consistent with the United States

Constitution, 28 U.S.C. ' 636, other statutes as may be applicable, and the Federal Rules of

Criminal Procedure. Those powers and duties may include, but are not limited to, those enumerated

in this rule.

(A) ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES

(1) GENERAL ASSIGNMENT

The clerk will assign cases or duties in a case to a magistrate judge and allocate

duties among the magistrate judges of the court in accordance with this rule,

standing orders of the court, or by special reference of a district judge, which

reference may be by formal order or informal request. This rule does not preclude

a district judge from reserving a proceeding for decision by a district judge rather

than a magistrate judge. Assignment of duties or cases to a magistrate judge will

generally be based on geographic location of the magistrate judge’s chambers.

(2) CASE ASSIGNMENT

(a) Misdemeanor Cases.

(i) Class A Misdemeanors. Class A misdemeanor cases are assigned to

a magistrate judge upon filing of the charges. The magistrate judge

will handle all pretrial proceedings and, upon consent of the

defendant, conduct trial or guilty plea proceedings, sentence the

defendant, enter judgment, and conduct post-conviction

proceedings.

(ii) Petty Offenses (Class B Misdemeanors, Class C Misdemeanors, and

Infractions). Petty offense cases are assigned to a magistrate judge

upon filing of the charges. The magistrate judge will handle all

proceedings.

(b) Felony Cases. Pre-indictment proceedings are conducted by a magistrate

judge. Upon filing of an indictment, the case is assigned to a district judge.

A magistrate judge will conduct initial appearances, arraignments, and other

duties by general reference, specific order of reference, or informal request

of a district judge.

Effective October 6, 2025

(B) DUTIES IN CRIMINAL MATTERS

The magistrate judges of this court are authorized and designated to exercise the following

duties in criminal matters:

(1) Conduct all proceedings in class A misdemeanor cases, including conducting jury

or bench trials, accepting guilty pleas, sentencing, entering judgments, and

conducting post-conviction proceedings, with the defendant’s consent to proceed

before a magistrate judge;

(2) Conduct all proceedings in petty offense cases;

(3) Conduct pre-indictment and pretrial proceedings in felony investigations and cases,

including issuing arrest and search warrants; determining probable cause for filing

complaints; conducting initial appearances, preliminary hearings, arraignments,

detention hearings, and Fed. R. Crim. P. 40 removal proceedings; setting release

conditions; addressing extradition and consent to transfer; and addressing

appointment and substitution of an attorney;

(4) Conduct all pre-adjudication hearing proceedings in juvenile delinquency cases;

(5) Conduct case management conferences and determine non-dispositive motions if

designated by a district judge (28 U.S.C. § 636(b)(1)(A));

(6) Issue reports and recommended findings, including conducting evidentiary

hearings when necessary, on evidentiary motions and case dispositive motions (28

U.S.C. ' 636(b)(1)(B)) in felony cases and misdemeanor cases proceeding before

a district judge, upon designation by a district judge;

(7) Issue reports and recommended findings when accepting guilty pleas in felony

cases and in misdemeanor cases proceeding before a district judge, if designated by

a district judge and upon consent of the defendant;

(8) Conduct preliminary proceedings on felony probation or supervised release

revocation or modification petitions, and if designated by a district judge, conduct

the final hearing and issue a report and recommended findings to a district judge;

(9) Empanel grand juries and receive grand jury returns;

Effective October 6, 2025

(10) Conduct jury voir dire and selection in felony cases and class A misdemeanor cases

proceeding before a district judge, upon designation by a district judge and upon

consent of the parties;

(11) Issue subpoenas, writs of habeas corpus ad testificandum and habeas corpus ad

prosequendum, and other orders necessary to obtain the presence of parties,

witnesses, or evidence needed for court proceedings;

(12) Issue warrants for searches and seizures that are not within the purview of Fed. R.

Crim. P. 41;

(13) Issue warrants of arrest for individuals who have been determined, under 18 U.S.C.

' 3144, to be material witnesses;

(14) Issue orders authorizing the installation and use of devices, including traps and

traces, pen registers, and mobile tracking devices, and issue orders directing an

electronic communication service provider or a remote computing service to

provide assistance to a named federal investigative agency in accomplishing the

installation of traps and traces, pen registers, and other location devices;

(15) Issue orders ruling on pre-indictment challenges to grand jury subpoenas or other

motions related to grand jury proceedings and related contempt proceedings to the

extent authorized by statute;

(16) Request preparation of a presentence investigation report in misdemeanor cases;

and

(17) Accept jury verdicts in cases proceeding before a district judge.

(C) FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE

Magistrate judges are authorized to accept payment of a fixed sum in lieu of appearance in

a petty offense case. Conditions and schedules for the forfeiture of collateral in lieu of

appearance are on the court’s website.

(D) REVIEW AND APPEAL

(1) APPEAL FROM JUDGMENTS IN MISDEMEANOR CASES

A defendant may appeal a judgment of conviction by a magistrate judge in a

misdemeanor case to a district judge by filing a notice of appeal within fourteen

Effective October 6, 2025

(14) days after entry of judgment and by serving a copy of the notice upon the

United States Attorney. The scope of review upon appeal is the same as appeal from

a judgment of a district judge to the court of appeals. See Fed. R. Crim. P. 58.

(2) OBJECTION TO NON-DISPOSITIVE ORDER

A party may object to a magistrate judge’s determination of a non-dispositive

matter within fourteen (14) days after being served with a copy of the magistrate

judge’s order unless otherwise ordered by the court (28 U.S.C. ' 636(b)(1)(A) &

Fed. R. Crim. P. 59(a)). The objecting party must serve and file a written objection

to the order, which must specifically designate the order or part of the order to

which the objection is made and the grounds for the objection. The adverse party

has seven (7) days after service and filing of the objection to serve and file a

response. The objection and response may not exceed twenty (20) pages. A reply

is not permitted.

The party filing an objection must file a transcript of any hearing during which the

magistrate judge made findings of fact related to the objection. With leave of court,

the party may rely on an audio recording of the hearing in lieu of a transcript.

A district judge must consider the objection and set aside any portion of the

magistrate judge’s order found to be clearly erroneous or contrary to law.

Filing an objection does not stay the magistrate judge’s order. A request to stay a

magistrate judge’s order pending objection must be made to the magistrate judge

with notice to all parties.

(3) OBJECTION TO REPORT AND RECOMMENDATIONS

A party may object to a magistrate judge’s report and recommendations on an

evidentiary or dispositive matter within fourteen (14) days after being served with

a copy, unless the court orders otherwise (28 U.S.C. ' 636(b)(1)(B) & Fed. R. Crim.

P. 59(b)(2)). The objecting party must serve and file written objections, which must

identify the portions of the proposed findings, recommendations, or report to which

objections are made and the basis for the objections. The objection and response

may not exceed twenty (20) pages. A reply is not permitted. The party filing

objections must file a transcript of any evidentiary proceeding related to the report

and recommendations. With leave of court, the party may rely on an audio

recording of the hearing in lieu of a transcript.

Effective October 6, 2025

A district judge must make a de novo determination of those portions of the report

and recommendations to which specific objections are made and may accept, reject,

or modify in whole or in part the findings or recommendations made by the

magistrate judge. The district judge will not generally conduct a hearing but, in

appropriate circumstances, may receive further evidence, recall witnesses, or

recommit the matter to the magistrate judge with instructions.

Effective October 6, 2025

INDEX

INDEX

a

Effective October 6, 2025

INDEX

Compliance................................................................................................................. 14, 16

Interest-Bearing Funds................................................................................................ 14, 15

b

Effective October 6, 2025

INDEX

Exhibits......................................................................................................................... 38, 55

Custody of Exhibits..................................................................................................... 38, 55

Marking Exhibits........................................................................................................ 38, 55

Return of Exhibits....................................................................................................... 39, 56

Sensitive Exhibits........................................................................................................ 38, 55

Files and Filing....................................................................................................................... 23, 65

Electronic Case Filing (ECF)...................................................................................... 23, 65

Form......................................................................................................................... 23, 65

Motions......................................................................................................................... 25, 61

Deadlines and Page Limits.......................................................................................... 25, 61

Deadlines for Pro Se Parties without Access to Electronic Filing.............................. 28, 62

Failure to File Memorandum or Response.................................................................. 28, 64

Form of Filings and Exhibits...................................................................................... 28, 62

General Matters........................................................................................................... 28, 62

Motions for Oral Argument........................................................................................ 27, 62

Proposed Orders Not Required................................................................................... 28, 62

c

Effective October 6, 2025

INDEX

Service and Filing Not on Same Date......................................................................... 28, 62

Subpoenas......................................................................................................................... 40, 52

Time......................................................................................................................... 24, 60

United States Magistrate Judges............................................................................................. 46, 67

Assignment of Matters to Magistrate Judges.............................................................. 46, 67

d

Effective October 6, 2025

INDEX

Objection to Non-Dispositive Order........................................................................... 48, 70

Objection to Report And Recommendations.............................................................. 49, 70

Review and Appeal..................................................................................................... 48, 69

e

Effective October 6, 2025

APPENDIX

APPENDIX

DEADLINES

Type of Filing Deadline General Civil Criminal

Rule Rule Rule

Amicus Curiae Brief (Motion 7 days after party being 7.1(C)

for Leave to File and supported files

Proposed Brief) memorandum in support

of motion or response to

motion

Appeal from Judgment of 14 days after entry of 59.1(D)(1)

Conviction by Magistrate judgment

Judge in Misdemeanor Case

Completion of Discovery 30 days before trial 26.1(A)

Disclosure Statement 14 days after party’s first 7.1.1

filing or entry of

appearance

Jury Instructions 7 days before jury trial 51.1(A) 30.1(A)

Motion for Attorney’s Fees 14 days after entry of 54.1(B)

judgment, unless

recovery is sought

against United States.

See 28 U.S.C. '

2412(d)(1)(B).

Motion for Costs 14 days after entry of

judgment or issuance of 54.1(A)

mandate by court of

appeals

Motion to Quash or Limit 7 days before witnesses’ 6.1(C)

Grand Jury Subpoena appearance or

production

Motion to Reinstate Case 60 days after date of 41.1

order dismissing settled

case

Objection to Magistrate 14 days after being 72.1(D)(2) 59.1(D)(2)

Judge’s Order on Non- served copy of

dispositive Matter magistrate judge’s order

Objection to Removal 30 days from notice of 3.1(A)

removal

f

Effective October 6, 2025

APPENDIX

DEADLINES

Type of Filing Deadline General Civil Criminal

Rule Rule Rule

Objection to Report and 14 days after being 72.1(D)(3) 59.1(D)(3)

Recommendations served copy of Report

and Recommendations

Reply to Criminal Motion 7 days 47.1(A)(1)

Reply to Dispositive Motion 14 days 7.1(A)(1)(a)

Reply to Motion for 7 days 54.1(B)

Attorney’s Fees

Reply to Motion for 14 days 47.1(A)(2)

Compassionate Release

Reply to Motion for Costs 7 days 54.1(A)(1)

Reply to Motion for 7 days 7.1(A)(3)(a)

Injunctive Relief

Reply to Non-dispositive 7 days 7.1(A)(2)

Motion

Response to Compassionate 28 days 47.1(A)(2)

Release Motion

Response to Criminal 14 days 47.1(A)(1)

Motion

Response to Dispositive 28 days 7.1(A)(1)(a)

Motion

Response (by the USA) to a 14 days 54.1(B)(2)

Motion for Attorney’s Fees

Response/Objection to 14 days 54.1(A)(1)

Motion for Costs

Response to Motion for 14 days 7.1(A)(3)(a)

Injunctive Relief

Response to Non-dispositive 14 days 7.1(A)(2)

Motion

Response to Objection to 7 days 72.1(D)(2) 59.1(D)(2)

Magistrate Judge’s Decision

of Non-dispositive Matter

g

Effective October 6, 2025

APPENDIX

DEADLINES

Type of Filing Deadline General Civil Criminal

Rule Rule Rule

Response to Order to Show 30 days after service of 1.3(H)(2)

Cause re: Attorney order to show cause

Discipline

Response to Sentencing 2 days before 32.1(B)

Memorandum sentencing hearing

Sentencing Memorandum 7 days before 32.1(B)

and Sentencing sentencing hearing

Memorandum Supplement

Settlement Documents 30 days after advising

court case has settled 41.1

Settlement Documents (if 60 days after advising 41.1

United States is a party) court case has settled

Verdict Form 7 days before trial 51.1(A) 30.1(A)

h

Effective October 6, 2025

APPENDIX

PAGE LIMITS

(a table of contents or a table of authorities, if included, do not count towards the page limits)

Type of Filing Page Limit Civil Rule Criminal

Rule

Amicus Curiae Brief 20 pages 7.1(C)(4)

Memorandum in Support of Criminal Motion 20 pages 47.1(A)(1)

Memorandum in Support of Dispositive 40 pages 7.1(A)(1)(a)

Motion

Memorandum in Support of Motion for 20 pages 47.1(A)(2)

Compassionate Release

Memorandum in Support of Motion for 20 pages 7.1(A)(3)(b)

Injunctive Relief

Memorandum in Support of Motion for Leave 2 pages 7.1(A)(4) 47.1(A)(3)

of Court to File Additional Filing

Memorandum in Support of Motion for Leave 2 pages 7.1(A)(4) 47.1(A)(3)

of Court to File Filing that Exceeds the Page

Limits

Memorandum in Support of Motion for Oral 2 pages 7.1(A)(6) 47.1(A)(5)

Argument

Memorandum in Support of Non-dispositive 20 pages 7.1(A)(2)

Motion

Objection to Magistrate Judge’s Decision of 20 pages 72.1(D)(2) 59.1(D)(2)

Non-dispositive Matter

Objection to Report and Recommendations 20 pages 72.1(D)(3) 59.1(D)(3)

Reply to Criminal Motion 7 pages 47.1(A)(1)

Reply to Dispositive Motion 10 pages 7.1(A)(1)(a)

Reply to Motion for Compassionate Release 7 pages 47.1(A)(2)

Reply to Motion for Injunctive Relief 7 pages 7.1(A)(3)(b)

Reply to Non-dispositive Motion 7 pages 7.1(A)(2)

Response to Criminal Motion 20 pages 47.1(A)(1)

Response to Dispositive Motion 40 pages 7.1(A)(1)(a)

Response to Motion for Compassionate 20 pages 47.1(A)(2)

Release

Effective October 6, 2025

APPENDIX

Type of Filing Page Limit Civil Rule Criminal

Rule

Response to Motion for Injunctive Relief 20 pages 7.1(A)(3)(b)

Response to Non-dispositive Motion 20 pages 7.1(A)(2)

Response to Objection to Magistrate Judge’s 20 pages 72.1(D)(2) 59.1(D)(2)

Decision of Non-dispositive Matter

Response to Objection to Report and 20 pages 72.1(D)(3) 59.1(D)(3)

Recommendations

j

Effective October 6, 2025

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

IN THE MATTER OF: )

) ORDER

REVISION OF LOCAL RULES )

)

It is ORDERED that the Local Rules for the United States District Court for the District

of North Dakota are REVISED, AMENDED, and ADOPTED, effective October 6, 2025. Prior

adopted Local Rules are hereby REVOKED. These Local Rules govern all proceedings pending

on the effective date, unless the application of these Local Rules would not be practicable or would

create an injustice, in which event, the court may grant appropriate relief.

These Local Rules supplement the Federal Rules of Civil Procedure, Title 28 of the United

States Code, the Federal Rules of Criminal Procedure, and Title 18 of the United States Code. A

Local Rule is subject to modification by a judge upon application of a party to litigation or on the

Court’s own motion for good cause.

Dated this 6st day of October, 2025.

/s/ Peter D. Welte

Peter D. Welte, Chief Judge

United States District Court

United States Courts

Judicial Council of the Eighth Circuit

Thomas F. Eagleton United States Courthouse

111 South 10th Street - Suite 26.325

St. Louis, Missouri 63102-1116

Millie B. Adams Voice (314) 244-2600

Circuit Executive Fax (314) 244-2605

www.ca8.uscourts.gov

EIGHTH CIRCUIT JUDICIAL COUNCIL

ORDER

I hereby certify that the United States District Court for the District of North Dakota has

furnished amended rules to the Judicial Council, effective October 6, 2025, in accordance with 28

U.S.C. § 207l(d). The Local Rule amendments have been reviewed by the Judicial Council, and

it has determined to take no action with respect to the amended rules. The rules, therefore, remain

in effect in accordance with 28 U.S.C. § 2071(c)(l) and Fed. R. Crim. P. 57(c).

Milie B. Adams

Circuit Executive

St. Louis, Missouri

October 17, 2025

cc: Judicial Council Members

Chief Judge Peter D. Welte

Kari M. Knudson, Clerk of Court

Review was undertaken by the Rules Committee.

JCO 3501