E.D. Wis. General L. R. 72

(a) Duties. Magistrate judges are authorized to exercise all of the powers and

duties set forth in 28 U.S.C. § 636(a) and (b), and are authorized to perform any and

all additional duties, as may be assigned from time to time consistent with the

Constitution and laws of the United States.

(b) Assignment of Duties.

(1) The assignment of duties to the magistrate judges by the district

judges of the Court may be made by standing order entered jointly, or by any

individual district judge, in any case assigned to the district judge, through

written order or oral directive made or given with respect to such case or cases.

(2) The duties authorized to be performed by magistrate judges, when

assigned to them pursuant to paragraph (a) of this Local Rule, include, but are

not limited to:

(A) Issuing search warrants (Fed. R. Crim. P. 41), issuing seizure

warrants, issuing warrants to install a tracking device (18 U.S.C. § 3117

or Fed. R. Crim. P. 41), issuing orders for disclosure of the contents of

wire or electronic communications or records (18 U.S.C. § 2703(d)),

issuing orders for a pen register or a trap and trace device (18 U.S.C. §§

3122, 3123), and issuing administrative inspection warrants upon

proper application meeting the requirements of applicable law.

(B) Issuing complaints and appropriate summonses or arrest

warrants for the named defendants. (Fed. R. Crim. P. 4.)

(C) Conducting initial appearance proceedings. (Fed. R. Crim. P.

5.)

(D) Appointing counsel for indigent persons, approving

compensation and expense vouchers, and all other duties in

conformance with the Court’s Criminal Justice Act Plan.

(E) Conducting preliminary examinations. (Fed. R. Crim. P. 5.1;

18 U.S.C. § 3060.)

(F) Conducting removal hearings for defendants charged in other

districts, including the issuance of warrants of removal. (Fed. R. Crim.

P. 40.)

(G) Issuing writs of habeas corpus ad testificandum and habeas

corpus ad prosequendum. (28 U.S.C. § 2241(c)(5).)

(H) Releasing or detaining material witnesses. (18 U.S.C. § 3144.)

(I) Issuing warrants and conducting extradition proceedings

pursuant to 18 U.S.C. § 3184.

(J) Conducting proceedings for the discharge of indigent

prisoners or persons imprisoned for debt under process or execution

issued by a federal court. (28 U.S.C. § 2007.)

(K) Issuing attachment or other orders to enforce obedience to an

Internal Revenue Service summons to produce records or given

testimony. (26 U.S.C. § 7604(b).)

(L) Conducting post-indictment arraignments, accepting not

guilty pleas, accepting guilty pleas in misdemeanor and other petty

offense cases with the consent of the defendant, when required, and the

ordering of a presentence investigation report concerning any defendant

who expresses the desire to plead guilty. (Fed. R. Crim. P. 10, 11(a),

32(c), and 58.)

(M) Accepting the return of an indictment by the grand jury;

granting leave to the government to dismiss a criminal complaint; and

dismissing a criminal complaint upon a finding of unnecessary delay in

presenting a charge to the grand jury, filing an information against a

defendant or bringing a defendant to trial. (Fed. R. Crim. P. 6(f), 48(a)

and 48(b).)

(N) Supervising and determining all pretrial proceedings and

motions made in criminal cases including, without limitation, motions

and orders made pursuant to Fed. R. Crim. P. 12, 12.2(c), 14, 15, 16, 17,

17.1, and 28, 18 U.S.C. § 4244 orders determining excludable time under

18 U.S.C. § 3161, and orders dismissing a complaint without prejudice

for failure to return a timely indictment under 18 U.S.C. § 3162; except

that a magistrate judge may not grant a motion to dismiss or quash an

indictment or information, or a motion to suppress evidence, or any

other case dispositive motion, but should make recommendations to the

district judge concerning them.

(O) Conducting hearings and issuing orders upon motions arising

out of grand jury proceedings including orders entered pursuant to 28

U.S.C. § 6003, and orders involving enforcement or modification of

subpoenas, directing or regulating lineups, photographs, handwriting

exemplars, fingerprinting, palm printing, voice identification, medical

examinations, and the taking of blood, urine, fingernail, hair and bodily

secretion samples (with appropriate safeguards).

(P) Conducting hearings and issuing orders arising out of motion

for return of property pursuant to Fed. R. Crim. P. 41(g), except to the

extent that the motion is treated as a motion to suppress under Fed. R.

Crim. P. 12, and then it must be handled in accordance with

subparagraph (2)(N) of this Rule.

(Q) Conducting preliminary hearings in all probation or

supervised release revocation proceedings, and conducting final

hearings for misdemeanors when the defendant has previously

consented to the exercise of jurisdiction by the magistrate judge. (Fed.

R. Crim. P. 32.1.)

(R) Processing and reviewing habeas corpus petitions or

applications filed pursuant to 28 U.S.C. § 2241, those filed by state

prisoners pursuant to 28 U.S.C. § 2254, or by federal prisoners pursuant

to 28 U.S.C. § 2255, and civil suits filed by state prisoners under 42

U.S.C. § 1983, with authority to require responses, issue orders to show

cause and any other orders necessary to develop a complete record, and

to prepare a report and recommendation to the district judge as to

appropriate disposition of the application, petition, or claim.

(S) Supervising and determining all pretrial proceedings and

motions made in civil cases including, without limitation, rulings upon

all procedural and discovery motions, and conducting pretrial

conferences; except that a magistrate judge (absent the consent of all

affected parties) may not appoint a receiver, issue an injunctive order

pursuant to Fed. R. Civ. P. 65, enter an order dismissing or permitting

maintenance of a class action pursuant to Fed. R. Civ. P. 23, enter any

order granting judgment on the pleadings or summary judgment in

whole or in part pursuant to Fed. R. Civ. P. 12(c) or 56, enter an order

of involuntary dismissal pursuant to Fed. R. Civ. P. 41(b) or (c) or enter

any other final order or judgment that would be appealable if entered by

a district judge, but may make reports and recommendations to that

district judge concerning them.

(T) Conducting mediation conferences, or other ADR procedures,

pursuant to the District’s ADR program.

(U) Conducting all proceedings in civil suits after judgment

incident to the issuance of writs of replevin, garnishment, attachment

or execution pursuant to governing state or federal law, and conducting

all proceedings and entering all necessary orders in aid of execution

pursuant to Fed. R. Civ. P. 69.

(V) With the consent of the parties, conducting or presiding over

the voir dire examination and empanelment of trial juries in civil and

criminal cases and accepting jury verdicts in the absence of the district

judge.

(W) Processing and reviewing all suits instituted under any law

of the United States providing for judicial review of final decisions of

administrative officers or agencies on the basis of the record of

administrative proceedings, and the preparation of a report and

recommendation to the district judge concerning the disposition of the

case.

(X) Serving as a special master in accordance with Fed. R. Civ. P.

53.

(Y) In admiralty cases, entering orders (i) appointing substitute

custodians of vessels or property seized in rem; (ii) fixing the amount of

security pursuant to Rule C(5), Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions, that must be posted by

the claimant of a vessel or property seized in rem; (iii) in limitation of

liability proceedings, for monition and restraining order including

approval of the ad interim stipulation filed with the complaint,

establishment of the means of notice to potential claimants and a

deadline for the filing of claims; and (iv) to restrain further proceedings

against the plaintiff in limitation except by means of the filing of a claim

in the limitation proceedings.

(Z) Appointing persons to serve process pursuant to Fed. R. Civ.

P. 4(c).

(AA) Processing and reviewing petitions in civil commitment

proceedings under the Narcotic Addict Rehabilitation Act, and the

preparation of a report and recommendation to the district judge

concerning disposition of the petition.

(BB) Supervising proceedings conducted pursuant to letters

rogatory or request in accordance with 28 U.S.C. § 1781.

(c) Objections to Magistrate Judge’s Determination in Criminal Cases

and in Civil Cases in Which the Parties Have Not Consented to

Magistrate Judge Jurisdiction.

(1) In criminal cases and in civil cases in which the parties have not

consented to magistrate judge jurisdiction, objections to a determination by the

magistrate judge are governed by Fed. R. Civ. P. 72 and Fed. R. Crim. P. 59.

(2) Any other party may serve and file a response to the objection within

14 days from the date of service of the objection unless a different deadline is

set by the Court.

(3) The objecting party may serve and file a reply within 7 days from the

date of service of the response unless a different deadline is set by the Court.

(d) Record of Proceedings Before Magistrate Judge.

(1) The magistrate judge must determine, after taking into account the

complexity of the particular matter, whether the record must be taken down

by a reporter or recorded by suitable sound equipment.

(2) Notwithstanding the magistrate judge’s determination:

(A) The proceeding must be taken down by a reporter if any party

so requests;

(B) The proceeding must be recorded by suitable sound

equipment if all parties agree;

(C) No record need be made of the proceeding if all parties agree.