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E.D. Wash. LCrR 5

Initial Appearance

activein force · 2015-02-20 – presentact-effective-date

(a) In General

(1) Appearance upon Arrest

Absent an exception under Fed. R. Crim. P. 5(a)(2) or a related statute, a person making an arrest within

this district on a federal criminal charge, shall so advise the U.S. Attorney’s Office and the U.S. Marshals

Service and take the defendant without unnecessary delay before a Magistrate Judge.

(2) [Reserved]

(b) Arrest Without a Warrant - Forty-Eight Hour Rule.

Whenever an arrest without a warrant occurs, and the initial appearance will not be or is likely not to be

held within forty-eight (48) hours of arrest (because of the weekend or holidays or unavailability of a

Magistrate Judge):

(1) A complaint and affidavit will be prepared and presented within forty-eight (48) hours

after the arrest to the appropriate Magistrate Judge as directed by said judge. If probable

cause is found, a) an order so finding shall be signed, and b) the defendant shall be

ordered held pending the initial appearance as promptly as that hearing can be scheduled

during court hours or as otherwise ordered.

(2) The initial contact with the appropriate Magistrate Judge shall be made by an attorney

for the government who shall have either previously prepared or reviewed and approved

the form of the complaint and affidavit.

(c) through (f) [Reserved]

Provenance

Source
www.waed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
f4bb3209b84e6d357429a77b4bec7897c41b9c094d9e15bb975ec35871680242
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E.D. Wash. LCrR 5 — Initial Appearance · binding.law