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US · rules

N.D. Ohio LR 72.3

Review and Appeal

activein force · 2009-12-01 – presentact-effective-date

(a) Appeal of Non-Dispositive Matters - Fed. R. Civ. P. 72(a). Any party may

appeal from a Magistrate Judge's order determining a motion or matter made pursuant to

Fed. R. Civ. P. 72(a) within fourteen (14) days after service of the Magistrate Judge's

order. Such party shall file with the Clerk of Court, and serve on the Magistrate Judge

and all parties, a written statement of appeal which shall specifically designate the order,

or part thereof, appealed from and the basis for any objection thereto. The District Judge

to whom the case was assigned shall consider the appeal and shall set aside any portion of

the Magistrate Judge's order found to be clearly erroneous or contrary to law. The

District Judge may also consider sua sponte any matter determined by a Magistrate Judge

under this Rule.

(b) Review of Dispositive Motions and Prisoner Litigation - Fed. R. Civ. P.

72(b). Any party may object to a Magistrate Judge's proposed findings,

recommendations or report made pursuant to Fed. R. Civ. P. 72(b) within fourteen (14)

days after being served with a copy thereof, and failure to file timely objections within

the fourteen (14) day period shall constitute a waiver of subsequent review, absent a

showing of good cause for such failure. Such party shall file with the Clerk of Court, and

serve on the Magistrate Judge and all parties, written objections which shall specifically

identify the portions of the proposed findings, recommendations, or report to which

objection is made and the basis for such objections. Any party may respond to another

party's objections within fourteen (14) days after being served with a copy thereof. The

District Judge to whom the case was assigned shall 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 District Judge need conduct a new

hearing only in such District Judge's discretion or where required by law, and may

consider the record developed before the Magistrate Judge, making a determination on

the basis of the record. The District Judge may also receive further evidence, recall

witnesses or recommit the matter to the Magistrate Judge with instructions.

History

(See LCrR 5.3) Last revised 12/1/09. See Historical Notes for full revision history.

Provenance

Source
www.ohnd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
69e8524003b96e8bca89c5e82c8da5c135a0bcff5ca631e7ac72061bc033d396
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