Local Rule LCrR 3: COMPLAINTS

LCrR 3 COMPLAINTS a. Presentation. Complaints ordinarily should be presented to a magistrate judge for review and execution, but a complaint may be presented to a district court judge if no magistrate judge is available. If no federal judge is reasonably available, a complaint may be presented to a state or local judicial officer.

A copy of the proposed complaint and any supporting affidavits must be delivered to the magistrate judge for his or her private review before a request is made for the magistrate judge to sign the complaint. For good cause shown, the magistrate judge may waive this requirement.

b. How Filed. All criminal complaints must be filed using the ECF system (see LR 5A(g)(3)). Notwithstanding Local Rule 5A(j), a complaint will be deemed by the court to have been filed on the date it is signed by a federal judge.

c. Lawyer for Government. Ordinarily, a person presenting a complaint to a magistrate judge should be accompanied by a lawyer for the government. If justified by unusual circumstances, a magistrate judge may entertain a proposed complaint from a person who is not accompanied by a lawyer for the government.

d. Emergencies. In an emergency situation, a magistrate judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a proposed complaint. If no magistrate judge is available, a district court judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a proposed complaint.