Local Rule LCrR 59.2: REFERRAL OF MATTERS FOR HEARING AND RECOMMENDATION BY MAGISTRATE JUDGES

LCrR 59.2 REFERRAL OF MATTERS FOR HEARING AND RECOMMENDATION BY MAGISTRATE JUDGES

(a) MATTERS REFERABLE TO A MAGISTRATE JUDGE FOR HEARING AND RECOMMENDATION.

At the request of the district judge to whom the case is assigned, a magistrate judge may conduct hearings, including evidentiary hearings, and submit to the district judge proposed findings of fact and recommendations for the disposition of:

(1) application for posttrial relief made by individuals convicted of criminal offenses;

(2) applications for revocation or modification of probation or supervised release, in accordance with LCrR 32.1(e) and Federal Rules of Criminal Procedure 32.1(b) and (c); and

(3) motions to dismiss or quash an indictment or information motions to suppress evidence, or any matter that may dispose of a charge or defense.

(b) OBJECTION TO RECOMMENDATIONS OF THE MAGISTRATE JUDGE.

Any party may file for consideration by the district judge written objections to the magistrate judge's proposed findings and recommendations issued under paragraph (a) within 14 days after being served with a copy thereof. The objections shall be denominated "Objections to the Magistrate Judge's Proposed Findings and Recommendations." The objections shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. The filing of oppositions and replies shall be government by LCrR 47(b) and (d).

Failure to file timely objections may waive appellate review of a District Court order adopting the magistrate judge's report. All magistrate judge's reports shall contain a notice substantially as follows:

Failure to file timely objections to the findings and recommendations set forth in this report may waive your right of appeal from an order of the District Court adopting such findings and recommendations. See Thomas v. Arn, 474 U.S. 140 (1985).

(c) DETERMINATION BY THE COURT A district judge shall make a de novo determination of those portions of a magistrate judge's findings and recommendations to which objection is made as provided in paragraph (b). A district judge may make a determination based solely on the record developed before the magistrate judge, or may conduct a new hearing, receive further evidence, and recall witnesses. A district judge may accept, reject, or modify, in whole or in part, the findings and recommendations of the magistrate judge, or may recommit the matter to the magistrate judge with instructions.

COMMENT TO LCrR 59.2: The Rule has been revised to remove references to civil procedure. Additionally, the Rule has been renumbered as LCrR 59.2 to conform with the numbering of new 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 trial district judge.