Rule 72 — Magistrate Judges: Pretrial Order

Fed. R. Civ. P. 72

• Source: Federal Rules of Civil Procedure
• Rule: 72
• TITLE IX: SPECIAL PROCEEDINGS
• Citation: Fed. R. Civ. P. 72

Text

(a) NONDISPOSITIVE MATTERS. When a pretrial matter not dis-
positive of a party’s claim or defense is referred to a magistrate
judge to hear and decide, the magistrate judge must promptly
conduct the required proceedings and, when appropriate, issue a
written order stating the decision. A party may serve and file ob-
jections to the order within 14 days after being served with a copy.
A party may not assign as error a defect in the order not timely
objected to. The district judge in the case must consider timely
objections and modify or set aside any part of the order that is
clearly erroneous or is contrary to law.
(b) DISPOSITIVEMOTIONSANDPRISONERPETITIONS.
(1) Findings and Recommendations. A magistrate judge must
promptly conduct the required proceedings when assigned,
without the parties’ consent, to hear a pretrial matter disposi-
tive of a claim or defense or a prisoner petition challenging
the conditions of confinement. A record must be made of all
evidentiary proceedings and may, at the magistrate judge’s
discretion, be made of any other proceedings. The magistrate
judge must enter a recommended disposition, including, if ap-
propriate, proposed findings of fact. The clerk must imme-
diately serve a copy on each party as provided in Rule 5(b).
(2) Objections. Within 14 days after being served with a copy
of the recommended disposition, a party may serve and file
specific written objections to the proposed findings and recom-
mendations. A party may respond to another party’s objec-
tions within 14 days after being served with a copy. Unless the
district judge orders otherwise, the objecting party must
promptly arrange for transcribing the record, or whatever por-
tions of it the parties agree to or the magistrate judge consid-
ers sufficient.
(3) Resolving Objections. The district judge must determine de
novo any part of the magistrate judge’s disposition that has

been properly objected to. The district judge may accept, re-
ject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with
instructions.

Advisory Committee Notes

(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 24, 2023, eff. Dec. 1, 2023.)