AUTHORITY OF MAGISTRATE JUDGES IN CIVIL CASES

U.S. District Court for the District of Rhode Island

Rule Set: Local Rules of the U.S. District Court for the District of Rhode Island

Rule: 72

Jurisdiction: DRI

Bluebook Citation: D.R.I. L.R. 72

(a) Authority and Duties. A full-time or recalled magistrate judge shall perform any duties assigned by the Court or by a district judge and, in doing so, may exercise all powers conferred upon full-time magistrate judges pursuant to 28 U.S.C. § 636. (b) Vacating Referrals. A district judge who has referred any matter to a magistrate judge may, in his or her discretion, vacate the reference at any time.

(c) Objections to Rulings on Nondispositive Matters. (1) (2) (3) Time for Objections; Failure to File. An objection to an order or other ruling by a magistrate judge in a nondispositive matter referred under Fed. R. Civ. P. 72(a) shall be filed and served within 14 days after such order or ruling is served. The objecting party shall also order a transcript of any evidentiary hearing(s) before the magistrate judge within the same 14-day period.

Failure to file specific objections and order the transcript in a timely manner constitute waiver of the right to review by the district judge and the right to appeal the Court’s decision. Content of Objections. An objection to a magistrate judge’s order or ruling in a nondispositive matter shall set forth the basis of the objection and comply with LR Cv 7. Responses and Replies.

A response to an objection shall be served and filed within 14 days after the objection is served. The objecting party may serve and file a reply to the response within 7 days thereafter. Unless otherwise permitted or required by the Court, nothing further shall be filed in support of or in response to an objection to a magistrate judge’s order or ruling. Any response and/or reply shall comply with LR Cv 7.

(d) Objections to Reports and Recommendations. (1) (2) Time for Objections; Failure to File. Any objection to a Report and Recommendation by a magistrate judge shall be filed and served within 14 days after such Report and Recommendation is served on the objecting party. The objecting party shall also order a transcript of any evidentiary hearing(s) before the magistrate judge within the same 14-day period.

Failure to file specific objections and order the transcript in a timely manner constitutes waiver of the right to review by the district judge and the right to appeal the Court’s decision. Content of Objections. An objection to a magistrate judge’s Report and Recommendation shall specify the findings and/or recommendations to which objection is made and the basis for the objection. The objection shall comply with LR Cv 7.

95 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS (3) Responses and Replies. A response to an objection shall be served and filed within 14 days after the objection is served. The objecting party may serve and file a reply to the response within 7 days thereafter. Unless otherwise permitted or required by the Court, nothing further shall be filed in support of or in opposition to an objection to a magistrate judge’s Report and Recommendation.

Any response and/or reply shall comply with LR Cv 7. Effective 12/1/17: §§(c)(2) and (d)(2) amended. Effective 12/15/14: §§(c)(3) and (d)(3) amended. Effective 12/2/13: §§(c)(1)-(3) amended.

Effective 12/1/11: §§(c)(1), (c)(2), (d)(1), and (d)(2) amended. The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 12/1/09: §§(c)(1), (c)(3), (d)(1), and (d)(3) amended. Effective 10/1/09: §§(c)(1) and (d)(1) amended.

CROSS-REFERENCES See LR Cv 73 (Consent to Order of Reference), and LR Cr 57.2 (Duties of magistrate judge in criminal matters). See also: Fed.R.Civ.P. 72 and 73; and 28 U.S.C. §636 (setting forth jurisdiction and duties of magistrate judges). 96 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS

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