W.D. Mo. L.R. 74.1

(a) Appeal of Non-Dispositive Matters.

1. Any party may appeal from a magistrate judge’s order determining a motion or

matter under Rule 72.1(c). The appealing party must file, and serve on the

magistrate judge and all parties, a written statement of appeal which specifically

designates the order, or part thereof, appealed from and the basis for its objections.

2. Unless the magistrate judge or assigned district judge orders otherwise, the

appealing party must file its written statement within 14 days after the magistrate

judge issues the order.

3. The assigned district judge must consider the appeal and set aside any portion of

the order he or she finds to be clearly erroneous or contrary to law.

4. The assigned district judge may reconsider sua sponte any matter determined by a

magistrate judge under Rule 72.1(c), and set aside any portion of the order he or

she finds to be clearly erroneous or contrary to law.

(b) Appeal of Dispositive Matters.

1. Any party may appeal from a magistrate judge’s proposed findings,

recommendations, or report under Rule 72.1(b). The appealing party must file, and

serve on the magistrate judge and all parties, a written statement of appeal which

specifically identifies the portions of the proposed findings, recommendations, or

report to which objections are made and the basis for such objections.

2. The appealing party must file its objections within 14 days after the magistrate

judge issues the findings, recommendations, or report. If the appealing party shows

excusable neglect or good cause, the magistrate judge or district judge may extend

this time by up to 21 days. A party may respond to another party’s objections

within 14 days after being served with a copy.

3. The assigned district judge must make a de novo determination of those portions

of the report or specified proposed findings or recommendations to which

objection is made and may accept, reject, or modify, in whole or in part, the

findings or recommendations made by the magistrate judge. The assigned district

judge may also recommit the matter to the magistrate judge with instructions.

4. In making its determination, the assigned district judge may consider the record

developed before the magistrate judge and make his or her own determination on

the basis of that record. The assigned district judge may conduct a new hearing,

but does not have to unless required by law. In a new hearing, the assigned district

judge may receive further evidence or recall witnesses.

5. A party waives its right to appeal any issue which has been determined by the

magistrate judge but which it failed to present to the assigned district judge by

timely written objections.

(c) Special Master Reports. Any party may seek a review of, or action on, a special master’s

report filed by a magistrate judge in accordance with Fed. R. Civ. P. 53(f).

(d) Appeals from Judgments in Misdemeanor Cases. A defendant may appeal a judgment

of conviction by a magistrate judge after trial in a misdemeanor case. The appealing

defendant must file a notice of appeal within 14 days after entry of the judgment, and

serve a copy upon the United States Attorney. The scope of appeal is the same as on an

appeal from a judgment of the district court to the court of appeals.