US · rules
E.D. Wash. LCrR 5
Initial Appearance
(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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