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D.R.I. LR Cr 57.2

Authority of Magistrate Judges in Criminal Cases

activein force · 2024-04-01 – presentact-effective-date

(a) Authority and Duties. A full-time or recalled magistrate judge shall perform any duties

assigned by the Court or by a district judge and, in doing so, may exercise all powers

conferred upon full-time magistrate judges pursuant to 28 U.S.C. § 636.

(b) Vacating Referrals. A district judge who has referred any matter to a magistrate judge may,

in his or her discretion, vacate the reference at any time.

(c) Objections to Rulings on Nondispositive Matters.

(1) Time for Objections. An objection to an order or other ruling by a magistrate judge

in a nondispositive matter referred under Fed. R. Crim. P. 59(a) shall be filed and

served within 14 days after such order or ruling is served. The objecting party shall

also order a transcript of any evidentiary hearing(s) before the magistrate judge within

the same 14-day period.

(2) Content of Objections. An objection to a magistrate judge’s order or ruling in a

nondispositive matter shall set forth the basis of the objection and comply with LR Cr

47.

(3) Responses and Replies. A response to an objection shall be served and filed within

14 days after the objection is served. The objecting party may serve and file a reply

to the response within 7 days thereafter. Unless otherwise permitted or required by

the Court, nothing further shall be filed in support of or in response to an objection to

a magistrate judge’s order or ruling. Any response and/or reply shall comply with LR

Cr 47.

(d) Objections to Reports and Recommendations.

(1) Time for Objections. Any objection to a Report and Recommendation by a

magistrate judge shall be filed and served within 14 days after such Report and

Recommendation is served on the objecting party. The objecting party shall also

order a transcript of any evidentiary hearing(s) before the magistrate judge within the

same 14-day period.

(2) Content of Objections. An objection to a magistrate judge’s Report and

Recommendation shall specify the findings and/or recommendations to which

objection is made and the basis for the objection. The objection shall comply with

LR Cr 47.

(3) Responses and Replies. A response to an objection shall be served and filed within

14 days after the objection is served. The objecting party may serve and file a reply

to the response within 7 days thereafter. Unless otherwise permitted or required by

the Court, nothing further shall be filed in support of or in opposition to an objection

to a magistrate judge’s Report and Recommendation. Any response and/or reply

shall comply with LR Cr 47.

Effective 12/1/17: §§(c)(2) and (d)(2) amended. Effective 12/15/14: §§(c)(3) and (d)(3) amended. Effective 12/2/13:

§§(c)(1) – (c)(3) amended, and comment added. Effective 12/1/11: §§(c)(1), (c)(2), (d)(1), and (d)(2). The numerical

references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective

12/1/09: §§(c)(1), (c)(3), (d)(1), and (d)(3) amended.

*COMMENT

Under 18 U.S.C. §3145(a) and (b), a party may have a release or detention order issued by a

magistrate judge reviewed by a district judge by filing a “motion” with the Court. However, since

these orders relate to nondispositive matters referred to a magistrate judge under Fed. R. Crim. P.

59(a), parties may file a response to the motion for review of a release or detention order within 14

days after the motion is served, and the moving party may file a reply 14 days thereafter in line with

LR Cr 57.2(c).

History

CROSS-REFERENCES See LR Cr 47 (Motions and Other Papers) and LR Cv 72 (duties of magistrate judge in civil matters). See also: Fed.R.Crim.P. 58 (duties of magistrate judge in misdemeanor and petty offense cases); 28 U.S.C. § 636 (setting forth jurisdiction and duties of magistrate judges); 18 U.S.C. §§ 3401-3402 (setting forth magistrate judges’ jurisdiction to conduct trials of misdemeanors); and 18 U.S.C. §§ 3141-3146 (bail; release and detention orders).

Provenance

Source
www.rid.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
f615b9cdf76196a7c565f44bf91fc1390b92b978679bb91d47e806630096ac72
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