E.D. Cal. L.R. Crim 423 — Referral of Class a Misdemeanors to the District Court

High confidence· verified October 21, 2026Local Rules

Summary

E.D. Cal. L.R. Crim 423 — Referral of Class a Misdemeanors to the District Court: the court's own rule, verbatim from Local Rules of the United States District Court EASTERN DISTRICT OF CALIFORNIA (Effective February 23, 2026), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Eastern District of California alongside the federal rules and any judge-specific procedures.

Requirement

The following procedure shall be observed in each instance in which a defendant charged with a misdemeanor elects to be tried by a Judge pursuant to 18 U.S.C. § 3401: (a) Right to Trial Before Judge or Magistrate Judge. At the time of arraignment and bail setting in Class A misdemeanor actions, the Magistrate Judge will explain the defendant's right to trial by Magistrate Judge or Judge. If the defendant declines to be tried by a Magistrate Judge, the Magistrate Judge shall order the defendant to appear before a Judge at the date and time directed by the Clerk pursuant to summons. (b) Election to Trial Before District Judge. Upon a defendant's election to trial before a Judge, the Magistrate Judge shall forthwith inform the United States Attorney by written notice of the pendency of the action and the defendant's election, providing the United States Attorney copies of all documents theretofore filed in the action. The Magistrate Judge's responsibility in the action under L.R. 420, 421 and 422 shall thereupon terminate, but the Magistrate Judge may entertain a motion from the United States Attorney to dismiss the charged offense. (c) Options Available to United States Attorney. Upon a defendant's election to trial before a Judge, the United States Attorney has discretion to determine whether the action shall proceed. The United States Attorney may file an information against the defendant. Upon election not to prosecute the action, the United States Attorney shall move the Magistrate Judge for dismissal and exoneration of bail, if bail has been posted. If the United States Attorney does not commence proceedings on the action or dismiss it within ninety-one (91) days after service of notice by the Magistrate Judge that the defendant has elected to be tried by a Judge, then the charge against the defendant shall be dismissed with prejudice on motion of the Court or the defendant. (d) Defendants in Custody. If the defendant electing trial before a Judge is in custody, the Magistrate Judge shall immediately notify the United States Attorney by telephone of the election and shall order the transportation of the defendant to the appropriate facility unless released from custody.

Source of truth

The following procedure shall be observed in each instance in which a defendant charged with a misdemeanor elects to be tried by a Judge pursuant to 18 U.S.C. § 3401: (a) Right to Trial Before Judge or Magistrate Judge. At the time of arraignment and bail setting in Class A misde

Official source: E.D. Cal. — Local Rules (U.S. District Court, Eastern District of California)
Source health: Healthy · checked October 24, 2026
Effective date: February 23, 2026
Last verified: October 21, 2026benchpath-cafed-rules-2026-10-21

Criminal — Misdemeanor

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