Local Rule LCrR 59.1: REFERRAL OF MOTIONS AND PRETRIAL MATTERS TO MAGISTRATE JUDGES

LCrR 59.1 REFERRAL OF MOTIONS AND PRETRIAL MATTERS TO MAGISTRATE JUDGES

(a) MATTERS DETERMINABLE BY A MAGISTRATE JUDGE.

At the request of the district judge to whom a felony case is assigned, a magistrate judge may hear and determine any nondispositive pretrial motion or matter other than those motions specified in LCrR 59.2 of these Rules, and may conduct pretrial proceedings and enter orders pursuant to LCrR 57.2 of these Rules.

(b) OBJECTIONS TO MAGISTRATE JUDGE'S RULING.

Any party may file written objections to a magistrate judge's ruling under paragraph (a) within 14 days after being served with the order of the magistrate judge or after the oral order is stated on the record, unless a different time is prescribed by the magistrate judge or the district judge. The objections shall specifically designate the order or part thereof to which objection is made, and the basis for the objection. The filing of oppositions and replies shall be governed by LCrR 47(b) and (d).

(c) DETERMINATION OF OBJECTIONS Upon consideration of objections filed in accordance with this Rule, a district judge may modify or set aside any portion of a magistrate judge's order under this Rule found to be clearly erroneous or contrary to law.

COMMENT TO LCrR 59.1: The Rule has been revised to remove references to civil procedure. Section (a) has been amended to make clear that magistrate judges may determine only nondispositive motions or matters in a felony case. See Federal Rule of Criminal Procedure 59(a). Additionally, the Rule has been renumbered as LCrR 59.1 to conform with the numbering of Federal Rule of Criminal Procedure 59. Finally, the Rule is intended to make clear that objections to the magistrate judge's proposed findings and recommendations should not be called motions for reconsideration and are to be directed to the district judge.