Local Rule Cr. RULE 58.1: PROCEEDINGS IN MISDEMEANOR AND PETTY OFFENSE CASES

Cr. RULE 58.1 PROCEEDINGS IN MISDEMEANOR AND PETTY OFFENSE CASES (a) Assignment of Misdemeanor and Petty Offense Cases Upon the filing of an information or the return of an indictment, all misdemeanor cases shall be assigned by the Clerk to a Magistrate Judge, who shall proceed in accordance with the provisions of 18 U.S.C. §3401. Upon the filing of a complaint or violation notice charging a petty offense, the Magistrate Judge by whom such complaint or violation notice is received shall open a Magistrate Judge's docket and proceed in the matter. (b) Trial and Disposition of Misdemeanor and Petty Offense Cases The Magistrate Judge is authorized to perform all judicial duties assigned by the Court in order to try persons accused of misdemeanors and petty offenses committed within this District in accordance with 18 U.S.C. § 3401 and 28 U.S.C. § 636 in jury and nonjury cases, order a presentence investigation report on any such person who is convicted or pleads guilty or nolo contendere, sentence such person, and determine requests for reduction of sentence of such person. (c) Forfeiture of Collateral in Lieu of Appearance (1) In suitable petty offense or misdemeanor cases, a forfeiture of collateral security may be accepted in lieu of appearance as a disposition of the case. (2) There shall be maintained at each office of the Clerk and Magistrate Judge a list of the offenses and fines applicable thereto for which a forfeiture of collateral security may be accepted. See Appendix E. (3) Persons charged with offenses which do not appear on the list must appear for trial. A person who timely tenders the forfeiture of collateral security for an offense listed pursuant to L.Cr.R. 58.1(c)(2) will not be required to appear for trial by the authority issuing the violation notice. (4) Amendments and revisions to the list of offenses and fines set forth in Appendix E may be made from time to time by the Court. (d) Appeals from Judgments in Misdemeanor or Petty Offense Cases (1) A defendant may appeal a judgment of conviction by a Magistrate Judge in a misdemeanor or petty offense case by filing a notice of appeal with the Clerk within 14 days after entry of the judgment, and by serving a copy of the notice upon the United States Attorney. The scope of review upon appeal shall be the same as an appeal from a judgment of the District Court to the Third Circuit. (2) In all such misdemeanor appeals, the appellant shall serve and submit a brief within 21 days of the filing of the notice of appeal. The appellee shall serve and submit a brief within 21 days after the receipt of a copy of appellant's brief. The appellant may serve and submit a reply brief within seven days after receipt of the appellee's brief. All briefs shall conform to the requirements of L.Civ.R. 7.2(b). Fifty days after the filing of the notice of appeal, the Clerk shall place that appeal upon the calendar for hearing. Amended March 1, 2010.