Local Rule CVLR 72: Magistrate Judges: Pretrial Orders

CVLR 72 Magistrate Judges: Pretrial Orders

(a) General Duties and Functions. The magistrate judge is authorized to perform all of the duties and functions prescribed by 28 U.S.C. § 636, or any other statutes or Federal Rules of Procedure which authorize magistrate judges to perform judicial duties or functions. The magistrate judge shall have the inherent power of a judicial officer to implement and enforce his own orders and to regulate proceedings before him, to the extent permitted by law.

(b) Determination of Non-Dispositive Pretrial Matters. Pursuant to 28 U.S.C. § 636(b)(1)(A), a magistrate judge will hear and determine any pretrial motions, including discovery motions, other than the dispositive motions which are specified in 28 U.S.C. § 636(b)(1)(A).

(c) Determination of Case-Dispositive Pretrial Matters. A district judge may designate a magistrate judge to hear and determine, and to submit to a district judge proposed findings of fact and recommendations for the disposition by the district judge of case dispositive motions. A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this subsection.

(d) Special Master References. A magistrate judge may be designated by a district judge to serve as a special master in appropriate civil cases in accordance with 18 U.S.C. § 636(b)(2) and Rule 53 of the Federal Rules of Civil Procedure. Upon the consent of the parties, a magistrate judge may be designated by a district judge to serve as a special master in any civil case.

(e) Other Duties. A magistrate judge is also authorized to:

(1) Conduct scheduling conferences, preliminary pretrial conferences, settlement conferences and related pretrial proceedings;

(2) Exercise general supervision of civil calendars, conduct calendar and status calls, and determine motions to expedite or postpone the trial of cases for the district judge;

(3) Conduct voir dire and select petit juries for the district judge with the consent of the parties;

(4) Accept petit jury verdicts in the absence of a district judge;

(5) Review and approve requests for exemption and/or excuse from jury service, grand jury empanelments, and conduct juror qualification hearings;

(6) Rule upon objections to the allowance of costs by the Clerk of Court;

(7) Conduct examinations of judgment debtors;

(8) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses or evidence needed for court proceedings;

(9) Conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971;

(10) Conduct proceedings relating to naturalization matters;

(11) Conduct proceedings relating to the admission of attorneys to practice before this Court;

(12) Hear and determine matters relating to nonpayment of seaman's wages;

(13) Conduct proceedings relating to preferred ship mortgage foreclosures;

(14) Hear and determine matters relating to the arrest or release of vessels;

(15) Rule upon applications to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915;

(16) Issue administrative inspection warrants and orders of entry;

(17) Hear and determine matters relating to the enforcement of administrative subpoenas;

(18) Hear and determine Internal Revenue Service Attachments or Orders to enforce obedience to Internal Revenue Service summonses to produce records or give testimony;

(19) Hear and determine Internal Revenue Service Attachments or orders to enforce obedience to Guam Department of Revenue and Taxation summonses to produce records or give testimony;

(20) Hear and determine matters relating to applications for the appointment of a guardian ad litem;

(21) Hear and determine applications for letters rogatory; and

(22) Perform any additional duty not inconsistent with the Constitution and laws of the United States, and any other duty assigned by the Chief Judge.

(f) Authority of Chief Judge or District Judge. Nothing in these rules shall preclude the Chief Judge or a district judge from reserving any proceedings for conduct by a district judge, rather than a magistrate judge.