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E.D. Cal. L.R. 304

Magistrate Judges' Authority in Excepted Pretrial Matters

activein force · 2026-02-23 – presentact-effective-date

(a) Determination. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the

Magistrate Judges shall hear, conduct such evidentiary hearings as are appropriate in,

and submit to the assigned Judge proposed findings of fact and recommendations for the

disposition of excepted pretrial motions referred in accordance with L.R. 302. The

Magistrate Judge shall file the proposed findings and recommendations and shall serve

all parties.

(b) Objections. Within fourteen (14) days after service of the proposed

findings and recommendations on the parties, unless a different time is prescribed by the

Court, any party may file, and serve on all parties, objections to such proposed findings

and/or recommendations to which objection is made and the basis for the objection.

(c) Transcripts. If objection is made to a proposed finding or recommendation

based upon a ruling made during the course of any evidentiary hearing, which ruling has

not otherwise been reduced to writing, the party making such objection shall so indicate

at the time of filing objections and shall forthwith cause a transcript of all relevant portions

of the record to be prepared and filed.

(d) Response. Responses to objections shall be filed, and served on all

parties, within fourteen (14) days after service of the objections.

(e) Notice and Argument. The timing requirements of L.R. 230 have no

application to objections to proposed findings and recommendations under this Rule. No

separate notice is required. The objections shall be referred to the assigned Judge

automatically by the Clerk, promptly following the date for filing opposition, without the

necessity of a specific motion for such reference by the parties. Unless otherwise

ordered, requests in criminal actions shall be calendared by the courtroom deputy clerk

upon request of any party filed with that party's objections or opposition thereto or upon

the direction of the assigned Judge.

(f) Review. See Fed. R. Civ. P. 72(b).

Provenance

Source
www.caed.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
8c30f5a2adad45e65dee3d89200dd4cd800f8db014190e45a84d8285ac054d1c
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