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US · rules

D. Neb. NECrimR 5.1

Initial Appearance Before Magistrate Judge

activein force · 2025-12-01 – presentact-effective-date

(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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