Matters Before a Magistrate Judge

(a) Nondispositive Matters. A district judge may refer to a mag- istrate judge for determination any matter that does not dispose of a charge or defense. The magistrate judge must promptly con- duct the required proceedings and, when appropriate, enter on the record an oral or written order stating the determination. A party may serve and file objections to the order within 14 days after being served with a copy of a written order or after the oral order is stated on the record, or at some other time the court sets. The district judge must consider timely objections and modify or set aside any part of the order that is contrary to law or clearly erro- neous. Failure to object in accordance with this rule waives a par- ty’s right to review. (b) Dispositive Matters. (1) Referral to Magistrate Judge. A district judge may refer to a magistrate judge for recommendation a defendant’s mo- tion to dismiss or quash an indictment or information, a mo- tion to suppress evidence, or any matter that may dispose of 73 FEDERAL RULES OF CRIMINAL PROCEDURE Rule 60 a charge or defense. The magistrate judge must promptly con- duct the required proceedings. A record must be made of any evidentiary proceeding and of any other proceeding if the mag- istrate judge considers it necessary. The magistrate judge must enter on the record a recommendation for disposing of the matter, including any proposed findings of fact. The clerk must immediately serve copies on all parties. (2) Objections to Findings and Recommendations. Within 14 days after being served with a copy of the recommended dis- position, or at some other time the court sets, a party may serve and file specific written objections to the proposed find- ings and recommendations. Unless the district judge directs otherwise, the objecting party must promptly arrange for transcribing the record, or whatever portions of it the parties agree to or the magistrate judge considers sufficient. Failure to object in accordance with this rule waives a party’s right to review. (3) De Novo Review of Recommendations. The district judge must consider de novo any objection to the magistrate judge’s recommendation. The district judge may accept, reject, or modify the recommendation, receive further evidence, or re- submit the matter to the magistrate judge with instructions. (As added Apr. 25, 2005, eff. Dec. 1, 2005; amended Mar. 26, 2009, eff. Dec. 1, 2009.)