Local Rule Criminal Rule 57.2.1: Related Cases

Criminal Rule 57.2.1 Related Cases a. Definition of Related Action. 1. Criminal cases are deemed related when (a) all of the defendants named in each of the pending cases are the same and none of the cases include defendants not named in any of the other cases, or (b) prosecution against different defendants arises from (i) a common wiretap, (ii) a common search warrant, or (iii) activities that are part of the same alleged criminal event or transaction, that is, the cases involve substantially the same facts and the same questions of law. 2. If a civil forfeiture proceeding is filed concerning a criminal defendant, or a defendant is charged in a criminal case while a civil forfeiture proceeding is pending concerning that defendant, the civil and criminal cases are to be deemed related. 3. Criminal cases are also deemed related when a case is dismissed, with or without prejudice, and a subsequent case involving the same parties and related to the same subject matter is filed within one year of having been previously terminated by the Court. 4. A case is considered "pending" until one year after all named defendants have been sentenced. A case is also considered pending if it is one of the cases listed in paragraphs 5, 6, or 7 herein. 5. If a defendant is serving a term of probation or supervised release on a case in this district and the defendant is charged with a new offense in this district, the new case is deemed related to the case in which the defendant is on such term of probation or supervised release if the defendant is the sole defendant in the new case. 6. If a defendant is accused of an offense charged in this district and is on probation or supervised release in another district, and that district transfers jurisdiction over the supervision to this district, any revocation proceedings will be deemed related to the new case pending in this district. 7. If a defendant is charged with escape under 18. U.S.C. § 751 from a sentence imposed by a judge of this court, the escape charge will be deemed related to the case in which the sentence from which the defendant allegedly escaped was imposed. b. Form. At the time of returning an indictment or filing of an information, the United States Attorney must, on a form submitted to the Clerk, file a Notice of Related Case, indicating the name(s) and docket number(s) of any related cases pending in this Court, and certifying the particular reason(s) for the case-related designation. c. Assignment of Related Cases. Except as provided in Section d.2 below, related cases must be assigned in the following manner: The Clerk must assign the new case to the judge to whom the oldest, pending related case is assigned. If a judge who is assigned a case under this procedure determines that the cases in question are not related to one of the judge's pending cases, the judge may transfer the new case to the Clerk for reassignment. A senior judge may elect to decline the assignment of a new related case. d. Responses or Objections to the Notice of Related Case. 1. Within seven (7) days of receiving service of a Notice of Related Case, or seven (7) days of first appearing in the case, whichever is later, a defendant may file an objection and serve a detailed statement setting forth reasons that the case does not qualify as a related case under these rules. Within seven (7) days of any objection, the United States Attorney may file and serve a reply that the case does qualify as a related case under these rules. Where only one judge is assigned to the cases involved, that judge will decide if the cases are related within seven (7) days after the reply is due and issue an order thereon. 2. Where the issue of related cases involves cases filed before different judges, the judges assigned to the cases involved will decide if the cases are related. If all of the judges agree that the appropriate criteria are met, a low number order will issue. Absent complete agreement by the judges assigned to the cases identified as related, no low number transfer will occur.