W.D. Tex. Local Rule CR-58 — Proceedings Before Magistrate Judges

High confidence· verified September 26, 2026Local Rules

Summary

W.D. Tex. Local Rule CR-58 — Proceedings Before Magistrate Judges: the court's own rule, verbatim from LOCAL COURT RULES OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS (Effective: April 26, 2023), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. District Court for the Western District of Texas alongside the federal rules and any judge-specific procedures.

Requirement

(a) Authority of Magistrate Judges. (1) The magistrate judges of this district are authorized to perform all duties assignable to magistrate judges as set forth in 28 U.S.C. § 636. (2) The magistrate judges of this district are specially designated to exercise jurisdiction over misdemeanor offenses as provided by 18 U.S.C. § 3401. (3) Proceedings before the magistrate judges are governed by the "Local Rules for the Assignment of Duties to United States Magistrate Judges," set forth in Appendix C. (b) Paying a Fixed Sum in Lieu of Appearance. (1) Waiver of Appearance and Forfeiture of Collateral. Unless otherwise ordered by a magistrate judge, a person charged with a petty offense as defined in 18 U.S.C. § 19, and listed in subsection (b)(2), may, in lieu of appearance: (A) post collateral in the amount indicated for the offense; (B) waive appearance before the magistrate judge; and (C) consent to forfeiture of collateral. (2) Offenses Subject to Forfeiture in Lieu of Appearance. The offenses for which collateral may be posted and forfeited in lieu of appearance by the person charged, together with the amounts of collateral to be posted, are identified in the exhibits referred to below, copies of which are available in the office of the clerk in each division of this court (A) any petty offense listed in the schedule of offenses designated as Exhibit A, occurring on a U. S. Military Installation within the Western District of Texas; (B) any violation listed in Exhibit B, and set forth in Title 36, Code of Federal Regulations, Chapters 2-5, occurring in a National Park or National Recreation area situated within the Western District of Texas; (C) any violation of Fish and Wildlife laws listed in Exhibit C, and set forth in16 U.S.C. § 703, 16 U.S.C. § 718a, 16 U.S.C. § § 851- 856, 18 U.S.C. § § 41, 42, 44 and Parts 10 and 16 of Title 50, Code of Federal Regulations, occurring within the Western District of Texas; (D) any petty offense listed in the schedule of offenses designated as Exhibit D, involving the public use of Veterans Administration properties, occurring within the Western District of Texas; (E) any violation of Title 36, Code of Federal Regulations, Chapter III, Part 327, (Corps of Engineers), listed in Exhibit E, occurring within the Western District of Texas; (F) any petty offense listed in Exhibit F, set forth in Title 6, Code of Federal Regulations, Part 139, relating to Conduct Occurring on Federal Property within the Western District of Texas; (G) any petty offense listed in Exhibit G, set forth in 16 U.S.C. §§ 433, 460, 670, 18 U.S.C. §§ 1361, 1852, 1853, 1856, 1857, 1858, 43 U.S.C. § 1061 and Title 43, Code of Federal Regulations, occurring on Bureau of Land Management property within the Western District of Texas; and (H) any petty offense listed in Exhibit H, set forth in 39 U.S.C. § 401 and Title 39, Code of Federal Regulations, as made available to the United States Postal Service by Title VI of Public Law 93-143, State. 525, occurring on Postal Service property within the Western District of Texas; (I) any petty offense listed in Exhibit I, set forth in Title 32, Code of Federal Regulations, occurring on National Security Agency property within the Western District of Texas. (J) any petty offense listed in Exhibit J occurring on any Federal Indian Reservation, as held in trust by the United States Government, within the Western District of Texas. (K) any petty offense listed in Exhibit K wherein United States Border Patrol is authorized to issue citations within the Western District of Texas. (3) Punishment Other than Forfeiture of Collateral. If a person charged with an offense described in subsection (b)(2) fails to post and forfeit collateral, any punishment, including fine, imprisonment, or probation, may be imposed within the limits established by law upon conviction. (4) Other Offenses. A person charged with a petty offense which is not listed in subsection (b)(2) must appear before a magistrate judge. (5) Arrest and Appearance Before Magistrate Judge. Nothing contained in this rule prohibits a law enforcement officer from: (A) arresting a person for the commission of any offense covered by this rule; or (B) requiring the person arrested or charged for any offense covered by this rule to appear before a magistrate judge. (6) Special Assessment. The collateral amounts set forth in Exhibits A through I include any special assessment required by 18 U.S.C. § 3013.

Source of truth

(a) Authority of Magistrate Judges. (1) The magistrate judges of this district are authorized to perform all duties assignable to magistrate judges as set forth in 28 U.S.C. § 636. (2) The magistrate judges of this district are specially designated to exercise jurisdiction over m

Official source: W.D. Tex. — Local Court Rules (U.S. District Court, Western District of Texas)
Source health: Healthy · checked October 4, 2026
Effective date: —
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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