Rule 59 — Matters Before a Magistrate Judge

Fed. R. Crim. P. 59

• Source: Federal Rules of Criminal Procedure
• Rule: 59
• TITLE IX: GENERAL PROVISIONS
• Citation: Fed. R. Crim. P. 59

Text

(a) Nondispositive Matters. A district judge may refer to a mag-
istrate judge for determination any matter that does not dispose
of a charge or defense. The magistrate judge must promptly con-
duct the required proceedings and, when appropriate, enter on the
record an oral or written order stating the determination. A party
may serve and file objections to the order within 14 days after
being served with a copy of a written order or after the oral order
is stated on the record, or at some other time the court sets. The
district judge must consider timely objections and modify or set
aside any part of the order that is contrary to law or clearly erro-
neous. Failure to object in accordance with this rule waives a par-
ty’s right to review.
(b) Dispositive Matters.
(1) Referral to Magistrate Judge. A district judge may refer
to a magistrate judge for recommendation a defendant’s mo-
tion to dismiss or quash an indictment or information, a mo-
tion to suppress evidence, or any matter that may dispose of

a charge or defense. The magistrate judge must promptly con-
duct the required proceedings. A record must be made of any
evidentiary proceeding and of any other proceeding if the mag-
istrate judge considers it necessary. The magistrate judge
must enter on the record a recommendation for disposing of
the matter, including any proposed findings of fact. The clerk
must immediately serve copies on all parties.
(2) Objections to Findings and Recommendations. Within 14
days after being served with a copy of the recommended dis-
position, or at some other time the court sets, a party may
serve and file specific written objections to the proposed find-
ings and recommendations. Unless the district judge directs
otherwise, the objecting party must promptly arrange for
transcribing the record, or whatever portions of it the parties
agree to or the magistrate judge considers sufficient. Failure
to object in accordance with this rule waives a party’s right
to review.
(3) De Novo Review of Recommendations. The district judge
must consider de novo any objection to the magistrate judge’s
recommendation. The district judge may accept, reject, or
modify the recommendation, receive further evidence, or re-
submit the matter to the magistrate judge with instructions.

Advisory Committee Notes

(As added Apr. 25, 2005, eff. Dec. 1, 2005; amended Mar. 26, 2009, eff. Dec. 1, 2009.)