US · rules
D. Neb. NECrimR 5.1
Initial Appearance Before Magistrate Judge
(a) Scheduling.
The government must schedule an initial appearance by contacting the
magistrate judge's courtroom deputy, or an individual authorized by the
magistrate judge to assist with scheduling. The initial appearance must be
scheduled as soon as possible after an information, indictment, or complaint
is filed.
(b) Initial Appearance; Arrest Before Finding of Probable Cause.
In the absence of a filed information, indictment, or complaint, or a prior
judicial finding of probable cause to arrest, the following procedures apply.
(1) Scheduling.
Unless a represented defendant agrees to delay the proceeding, an
arrested defendant's initial appearance must be scheduled as soon
as the court's business allows and no more than 48 hours after the
defendant's arrest and placement in custody. If necessary, the
government attorney may contact a magistrate judge at home to
conduct an initial appearance outside of business hours.
(2) Judicial Review.
Before an initial appearance:
(A) the government must present a criminal complaint to the
magistrate judge for review;
(B) the magistrate judge, upon review and consideration, must
sign the complaint; and
(C) the complaint must be filed.
Provenance
- Source
- www.ned.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
e73186c07cbb3834ca4da896d23172628fa9db427ce1865f213f7f887a0bb7a9
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