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D.S.D. Crim. LR 57.11

Magistrate Judge Duties

activein force · 2025-02-28 – presentact-effective-date

A. General Designation. In every criminal case, the court designates the

magistrate judge assigned to the case to perform the following duties

authorized by 28 U.S.C. § 636:

1. Hear and determine any pretrial matter pending before the court, except a

motion to dismiss or quash an indictment or information by the defendant,

or to suppress evidence in a criminal case;

2. Conduct hearings, including evidentiary hearings, and submit to the

district judge proposed findings and recommendation for the disposition

of:

(a) dispositive pretrial matters such as to dismiss or quash an

indictment or information by the defendant, or to suppress

evidence in a criminal case;

(b) applications for posttrial relief made by individuals convicted

of criminal offenses.

3. In accordance with 18 U.S.C. § 3401, with respect to misdemeanors

committed within the district:

(a) try a defendant accused of, and sentence a defendant convicted

of, a petty offense (Infractions, Class C misdemeanors, and

Class B misdemeanors); and

(b) with the defendant’s consent, try a defendant accused of, and

sentence a defendant convicted of non-petty offenses (Class A)

misdemeanors.

4. Conduct hearings to modify, revoke, or terminate supervised release,

including evidentiary hearings, and submit to the district judge proposed

findings of fact and recommendations for such modification, revocation,

or termination by the district judge.

5. Serve as a special master upon consent of the parties in civil cases.

6. Preside over allocution and change of plea proceedings in felony criminal

cases upon consent of the parties and submit to the district judge

proposed recommendations for de novo review.

B. Specific Designation. The district judge assigned to a case may specifically

designate a magistrate judge to perform any of the duties authorized by 28

U.S.C. § 636(b). In performing the designated duties, the magistrate judge

must conform to the Local Rules and the instructions of the district judge.

Provenance

Source
www.sdd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
c93b2027baa2a9197606da2a24d6013286db4367622b31bafbe63f0cd92c641b
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D.S.D. Crim. LR 57.11 — Magistrate Judge Duties · binding.law