Evidentiary Hearing

(a) Determining Whether to Hold a Hearing. If the motion is not dismissed, the judge must review the answer, any transcripts and records of prior proceedings, and any materials submitted un- der Rule 7 to determine whether an evidentiary hearing is war- ranted. (b) Reference to a Magistrate Judge. A judge may, under 28 U.S.C. § 636(b), refer the motion to a magistrate judge to con- duct hearings and to file proposed findings of fact and recommen- dations for disposition. When they are filed, the clerk must promptly serve copies of the proposed findings and recommenda- tions on all parties. Within 14 days after being served, a party may file objections as provided by local court rule. The judge must de- termine de novo any proposed finding or recommendation to which objection is made. The judge may accept, reject, or modify any proposed finding or recommendation. (c) Appointing Counsel; Time of Hearing. If an evidentiary hearing is warranted, the judge must appoint an attor- ney to represent a moving party who qualifies to have counsel ap- pointed under 18 U.S.C. § 3006A. The judge must conduct the hearing as soon as practicable after giving the attorneys adequate time to investigate and prepare. These rules do not limit the ap- pointment of counsel under § 3006A at any stage of the proceed- ing. (d) Producing a Statement. Federal Rule of Criminal Pro- cedure 26.2(a)—(d) and (f) applies at a hearing under this rule. If a party does not comply with a Rule 26.2(a) order to produce a witness's statement, the court must not consider that witness's tes- timony.