Local Rule Rule 59: Appeals From Conviction or Sentence by Magistrate Judge
W.D. Va. — Criminal rule
Rule 59. Appeals From Conviction or Sentence by Magistrate Judge
(a) Record on Appeal. Within 14 days, or such other period of time as the district judge may direct, after filing a notice of appeal from a conviction or sentence by a magistrate judge as permitted by Federal Rule of Criminal Procedure 58(g)(2), the appellant must file a statement of the grounds for the appeal and a supporting memorandum of law. If the appellant has ordered a transcript of the trial or other proceedings before the magistrate judge, the appellant must so inform the district judge and the appellee. In such event, the appellant must file a supporting memorandum of law within 14 days, or such other period of time as the district judge may direct, of the filing of the transcript.
(b) Submission of Appeal. The appellee has 21 days, or such other period of time as the district judge may direct, from the date of filing of appellant's memorandum of law or the filing of the transcript of proceedings before the magistrate judge, whichever is later, in which to file a responsive memorandum. The appellant has 14 days, or such other period of time as the district judge directs, in which to file a reply. The matter is thereafter deemed submitted for decision, provided that oral argument may be granted in the Court's discretion.