LOCAL CIVIL RULE 74 - METHOD OF APPEAL
FROM MAGISTRATE JUDGE TO DISTRICT JUDGE

LR74.1E  Review of Magistrate Judges' Orders
LR74.1M  Review and Appeal
LR74.1W  Method of Appeal

LR74.1E  Review of Magistrate Judges' Orders

        A motion to review a magistrate judge's order, or an Objection to the Proposed Findings and Recommendation of a Magistrate Judge acting as Special Master shall be made in the following manner:

        The moving party shall file the original and one copy of his/her motion or objection along with a memorandum of law in support thereof, and shall notice it for hearing in the manner provided in these rules for motions requiring a hearing. To expedite the preparation of written findings from the magistrate judge, the motion or objection shall contain a certificate verifying that a copy of the motion or objection has also been served upon the judge and magistrate judge at the time of filing.

LR74.1M  Review and Appeal

        A.    Appeal of Non-dispositive Matters.  A party may appeal from a magistrate judge's order by filing with the clerk of court, within 10 days of receipt of a copy of the order, a written statement of appeal specifically designating the order or part thereof appealed from, the basis for the objection, and a written memorandum in support thereof. A copy of the appeal shall be served on the magistrate judge and all parties. The time period allowed for appeal may be modified by the magistrate judge or district judge. The district judge shall consider the appeal and set aside any portion of the order found to be clearly erroneous or contrary to law. The district judge may also reconsider sua sponte any matter determined by a magistrate judge under this rule.

        B.    Reports and Recommendations.  A party may object to a magistrate judge's proposed findings, recommendations or report by filing with the clerk within 10 days of receipt of a copy thereof, a written objection which specifically identifies the portion or portions of the proposed findings, recommendations or report to which objection is made, the basis for such objection and a written memorandum in support thereof. The magistrate judge or district judge may modify the time period allowed for the filing of such objections. Any party may respond to another party's objections within 10 days after being served with a copy thereof.

        A district judge 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 judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

LR74.1W  Method of Appeal

        A.    Appeal of Non-dispositive Matters.  A party may appeal from a magistrate judge's order by filing with the clerk of court, within 10 days of receipt of a copy of the order, a written statement of appeal specifically designating the order or part thereof appealed from, the basis for the objection, and a written memorandum in support thereof. A copy of the appeal shall be served on the magistrate judge and all parties. The time period allowed for appeal may be modified by the magistrate judge or district judge. A motion to modify or extend the time to file an appeal of a magistrate's order shall be accompanied either by a certificate by the movant that there is or is not opposition to the request or a statement of the efforts made by the movant to determine whether or not there is opposition in compliance with LR7.9W. The district judge shall consider the appeal and set aside any portion of the order found to be clearly erroneous or contrary to law. The district judge may also reconsider sua sponte any matter determined by a magistrate judge under this rule.

        B.    Reports and Recommendations.  A party may object to a magistrate judge's proposed findings, recommendations or report by filing with the clerk within 10 days of receipt of a copy thereof, a written objection which specifically identifies the portion or portions of the proposed findings, recommendations or report to which objection is made, the basis for such objection and a written memorandum in support thereof. The magistrate judge or district judge may modify the time period allowed for the filing of such objections. Any party may respond to another party's objections within 10 days after being served with a copy thereof.

        A district judge 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 judge may also receive further evidence or recommit the matter to the magistrate judge with instructions. [Amended November 12, 1999]