RULES OF PROCEDURE FOR THE TRIAL OF STATES MAGISTRATES Effective June 1, 1980 The Rules of Procedure for the Trial of Misdemeanors Before United States Magistrates were prescribed by the Supreme Court of the United States pursuant to 18 U. S. C. § 3402. These rules, which supersede the rules prescribed by the Court on January 27, 1971 (see 400 U. S. 1037), became effective June 1, 1980, pursuant to the Court's order, post, p. 976. SUPREME COURT OF THE UNITED STATES MONDAY, APRIL 14, 1980 ORDER PRESCRIBING RULES OF PROCEDURE FOR THE TRIAL OF MISDEMEANORS BEFORE UNITED STATES MAGISTRATES ORDERED that the following Rules to be known as the Rules of Procedure for the Trial of Misdemeanors before United States Magistrates, be and they are hereby prescribed pursuant to § 3402 of Title 18, United States Code. These Rules shall become effective on June 1, 1980, and shall supersede the Rules for the Trial of Minor Offenses before United States Magistrates heretofore promulgated by this Court on January 27, 1971. 976 RULES OF PROCEDURE FOR THE TRIAL OF MISDEMEANORS BEFORE UNITED Rule 1. Scope. STATES MAGISTRATES (a) In general.-These rules govern the procedure and practice for the conduct of proceedings in misdemeanor cases, including petty offenses, before United States magistrates under 18 U. S. C. § 3401, and for appeals in such cases to judges of the district courts. (b) Applicability of Federal Rules of Criminal Procedure.Except as specifically provided by these rules, the Federal Rules of Criminal Procedure govern all proceedings except those concerning petty offenses for which no sentence of imprisonment will be imposed. Proceedings concerning petty offenses for which no sentence of imprisonment will be imposed are not governed by the Federal Rules of Criminal Procedure, except as specifically provided therein or by these rules. However, to the extent they are not inconsistent with these rules, a magistrate may follow such provisions of the Federal Rules of Criminal Procedure as he deems appropriate. (c) Definition.-The term "petty offenses for which no sentence of imprisonment will be imposed," as used in these rules, means any petty offenses, regardless of the penalty authorized by law, as to which the magistrate determines that, in the event of conviction, no sentence of imprisonment will actually be imposed in the particular case. Rule 2. Pretrial procedures. (a) Trial document.-The trial of a misdemeanor may proceed on an indictment, information, or complaint or, if it be a petty offense, on a citation or violation notice. The district court, by order or local rule, may make provision for the reference of such cases to a magistrate. (b) Initial appearance.-At the defendant's initial appearance on a misdemeanor charge, the magistrate shall inform the defendant of the following: (1) the charge against him, and the maximum possible penalty provided by law; (2) his right to retain counsel; (3) unless he is charged with a petty offense for which appointment of counsel is not required, his right to request the assignment of counsel if he is unable to obtain counsel; (4) that he is not required to make a statement and that any statement made by him may be used against him; (5) that he has a right to trial, judgment and sentencing before a judge of the district court; (6) unless the offense charged is a petty offense, that he has a right to trial by jury before either a magistrate or a judge of the district court; (7) if the prosecution is not on an indictment or information and is for a misdemeanor other than a petty offense, that he has a right to have a preliminary examination unless he consents to be tried before the magistrate; and (8) if he is in custody, of the general circumstances under which he may secure pretrial release. (c) Consent and arraignment.-If the defendant signs a written consent to be tried before the magistrate which specifically waives trial before a judge of the district court, the magistrate shall take the defendant's plea to the misdemeanor charge. The defendant may plead not guilty, guilty or, with the consent of the magistrate, nolo contendere. If the defendant pleads not guilty, the magistrate shall either conduct the trial within 30 days upon written consent of the defendant or fix a later time for the trial, giving due regard to the needs of the parties to consult with counsel and prepare for trial. Rule 3. Additional procedures applicable only to petty offenses for which no sentence of imprisonment will be imposed. (a) Failure to consent.-If the defendant charged with a petty offense for which no sentence of imprisonment will be imposed does not consent to trial before the magistrate, he shall be ordered to appear before a judge of the district court for further proceedings on notice. The file shall be transmitted forthwith to the clerk of the district court. (b) Plea of guilty or nolo contendere.-No plea of guilty or nolo contendere to a petty offense for which no sentence of imprisonment will be imposed shall be accepted unless the magistrate is satisfied that the defendant understands the nature of the charge and the maximum possible penalty provided by law. (c) Waiver of venue for plea and sentence.-A defendant charged with a petty offense for which no sentence of imprisonment will be imposed who is arrested, held, or present in a district other than that in which an indictment, information, complaint, citation or violation notice is pending against him may state in writing that he wishes to plead guilty or nolo contendere, to waive venue and trial in the district in which the proceeding against him is pending, and to consent to disposition of the case in the district in which he was arrested, is held, or is present. Unless the defendant thereafter pleads not guilty, the prosecution shall be had as if venue were in such district, and notice of same shall be given to the magistrate in the district where the proceeding was originally commenced. The defendant's statement that he wishes to plead guilty or nolo contendere shall not be used against him. (d) Sentence.-If the defendant charged with a petty offense for which no sentence of imprisonment will be imposed pleads guilty or nolo contendere or is found guilty after trial, the magistrate shall afford him an opportunity to be heard in mitigation. The magistrate shall then immediately proceed to sentence the defendant, except that in the discretion of the magistrate sentencing may be continued to allow an investi |