Fed. R. Crim. P. 59

(a) Nondispositive Matters. A district judge may refer to a magistrate judge for determination any matter that does not dispose

of a charge or defense. The magistrate judge must promptly conduct 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 erroneous. Failure to object in accordance with this rule waives a party’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 motion to dismiss or quash an indictment or information, a motion to suppress evidence, or any matter that may dispose of

73 Rule 60 FEDERAL RULES OF CRIMINAL PROCEDURE

1 18 U.S.C. § 3771(e) was redesignated 18 U.S.C. § 3771(e)(2) by Pub. L. 114–22, title I, § 113(a)(3)(A),

May 29, 2015, 129 Stat. 240.

a charge or defense. The magistrate judge must promptly conduct the required proceedings. A record must be made of any

evidentiary proceeding and of any other proceeding if the magistrate 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 disposition, or at some other time the court sets, a party may

serve and file specific written objections to the proposed findings 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.)