D. Neb. NECivR 72.2

(a) Statement of Objections.

A party may object to a magistrate judge's order in a nondispositive matter

or findings and recommendation in a dispositive matter by filing a

"Statement of Objections to Magistrate Judge's Order" or "Objections to

Magistrate Judge's Findings and Recommendations" within 14 days after

being served with the order or findings and recommendations, unless the

order or recommendation states a different time. The party must specify (1)

the parts of the order or findings and recommendations to which the party

objects and (2) the legal basis of the objections. The statement of objections

should also indicate whether the objecting party relies on a previously or

newly filed brief. Unless ordered otherwise, an opposing party may file an

opposing brief within 14 days of being served with the statement of

objections. This brief may refer to previously filed briefs. The objecting party

may not file a reply brief without the court's leave.

(b) Evidence.

If evidentiary materials were filed or received in evidence when the matter

was before the magistrate judge, the parties need not refile or re-offer the

materials and may refer to them in their legal arguments.

(1) Nondispositive Orders.

A party may not offer additional evidentiary materials without a court

order.

(2) Dispositive Orders.

A party may not offer additional evidentiary materials; however, if the

magistrate judge held an evidentiary hearing, the objecting party may

request a supplemental hearing to offer additional evidence. The

district judge may hold the supplemental hearing if the party shows

good cause why the evidence was not presented to the magistrate

judge.

(c) No Stay of Nondispositive Order Pending Resolution of Objections.

The filing of a statement of objections to a nondispositive order does not

stay the magistrate judge's order pending resolution of the statement of

objections. The magistrate judge whose order is objected to decides a

motion for stay pending the resolution of the statement of objections. If the

magistrate judge denies the motion for stay, the party may address the

motion to the assigned district judge.

(d) Nondispositive Orders; Consent Cases Excluded.

A party may not object to a nondispositive order of a magistrate judge in

which the parties consented to proceed before a magistrate judge. See

NECivR 73.1.

(e) Dispositive Orders; Remand.

If the district judge remands a dispositive matter to the magistrate judge, the

magistrate judge's subsequent recommendation is also subject to objection

under this rule.

(f) Dispositive Orders; Failure to Object.

Failure to object to a finding of fact in a magistrate judge's recommendation

may be construed as a waiver of the right to object to the district judge's

order adopting the recommendation of the finding of fact.