US · rules
D.S.D. Crim. LR 3.1
Complaints
A. Presentation. Complaints ordinarily should be presented to a magistrate
judge for review and execution, but a complaint may be presented to a district
judge if no magistrate judge is available. If no federal judge is reasonably
available, a complaint may be presented to a state judicial officer.
Copies of the complaint and supporting affidavits should be delivered to the
judge for his or her private review before a request is made for the judge to
sign the complaint. In an emergency, the judge may waive this requirement.
B. Emergencies. In an emergency, a magistrate judge may be contacted away
from the courthouse, including at his or her home, for purposes of
considering a proposed complaint. If no magistrate judge is available, a
district judge may be contacted away from the courthouse, including at his
or her home, for purposes of considering a proposed complaint.
Provenance
- Source
- www.sdd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
bdd5f00768be213363b981cceb160f90fb9fb343157a444c65c3c5ca17fe6f14
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