ROLE OF MAGISTRATE JUDGE AND PROCEDURE FOR RESOLVING
GENERAL PRETRIAL MATTERS IN CRIMINAL AND CIVIL ACTIONS
(a) Determination. In accordance with 28 U.S.C. § 636(b)(1), a Magistrate
Judge shall hear, conduct such evidentiary hearings as are appropriate in, and determine
all general pretrial matters referred in accordance with L.R. 302. Rulings of the Magistrate
Judge shall be in writing with a statement of the reasons therefor and shall be filed and
served on all parties.
(b) Finality. Rulings by Magistrate Judges pursuant to this Rule shall be final
if no reconsideration thereof is sought from the Court within fourteen (14) days calculated
from the date of service of the ruling on the parties, unless a different time is prescribed
by the Magistrate Judge or the Judge.
(c) Reconsideration by a District Judge. A party seeking reconsideration of
the Magistrate Judge's ruling shall file a request for reconsideration by a Judge and serve
the Magistrate Judge and all parties. Such request shall specifically designate the ruling,
or part thereof, objected to and the basis for that objection. This request shall be
captioned "Request for Reconsideration by the District Court of Magistrate Judge's
Ruling."
(d) Opposition. Opposition to the request shall be served and filed within
seven (7) days after service of the request.
(e) Notice and Argument. The timing requirements of L.R. 230 have no
application to requests for reconsideration under this Rule. The request shall be referred
to the assigned Judge automatically by the Clerk, promptly following the date for filing
opposition, without the necessity of a specific motion for such reference by the parties.
Unless otherwise ordered, requests in criminal actions shall be calendared and heard at
the trial confirmation. No oral argument shall be allowed in the usual civil action unless
the assigned Judge specifically calendars such argument, either on request of a party or
sua sponte.
(f) Standard of Review. The standard that the assigned Judge shall use in
all such requests is the "clearly erroneous or contrary to law" standard set forth in 28
U.S.C. § 636(b)(1)(A). See Fed. R. Civ. P. 72(a).
(g) The assigned Judge may also reconsider any matter at any time sua
sponte.
