Local Rule LCrR 5: APPEAL AND RECONSIDERATION OF RELEASE AND DETENTION ORDERS

LCrR 5 APPEAL AND RECONSIDERATION OF RELEASE AND DETENTION ORDERS a. Appeal of Release Orders and Detention Orders. A party may appeal from a release or detention order issued by a magistrate judge by filing a motion pursuant to 18 U.S.C. § 3145(a) or (b) for revocation or amendment of the order. Subject to excuse for good cause shown, the motion must be filed within 14 days after the release or detention order has been filed. The movant must arrange promptly for the transcription of all portions of the record the district court judge will need to rule on the motion. (See generally LCrR 59, relating to appeals from orders issued by magistrate judges on pretrial matters).

b. Release Orders and Detention Orders Issued in Other Districts. If a defendant is released or detained by a magistrate judge in another district after appearing in that district on a charge from this district, the 14-day period in section (a) of this rule does not begin to run until the date of the defendant's initial appearance on the charge in this district.

c. Request for Reconsideration of Release Orders and Detention Orders. At any time before trial, a party may file a motion requesting a magistrate judge to reconsider a release or detention order entered previously by a magistrate judge. (See 18 U.S.C. § 3142(f)).

d. Caption. A party filing a motion under this rule must state in the caption of the motion whether it is for appeal to the district court judge or reconsideration by a magistrate judge.