(a) Statement of Objections.
A party may object to a magistrate judge's order in a nondispositive matter
or findings and recommendations in a dispositive matter by filing a
"Statement of Objections to Magistrate Judge's Order" or "Statement of
Objections to Magistrate Judge's Findings and Recommendations" within
14 days after being served with the order or findings and recommendations,
unless the order or recommendation states a different time. The party must
specify (1) the parts of the order or findings and recommendations to which
the party objects and (2) the legal basis of the objections. The statement of
objections should also indicate whether the party relies on a previously or
newly filed brief. A party may not merely reference or refile the original brief
submitted to the magistrate judge. A party's failure to state a legal argument
supporting objections to an order may be considered an abandonment of
the party's objections. Unless ordered otherwise, an opposing party may file
an opposing brief within 14 days of being served with the statement of
objections. This brief may refer to previously filed briefs. The objecting party
may not file a reply brief without the court's leave.
(b) Evidence.
If evidentiary materials were filed or received in evidence when the matter
was before the magistrate judge, the parties need not refile or re-offer the
materials and may refer to them in their legal arguments.
Effective December 1, 2025 Nebraska Criminal Rules
(1) Orders.
A party may not offer additional evidentiary materials without a court
order.
(2) Findings and Recommendations.
A party may not offer additional evidentiary materials; however, if the
magistrate judge held an evidentiary hearing, the objecting party may
request a supplemental hearing to offer additional evidence. The
district judge may hold the supplemental hearing if the party shows
good cause why the evidence was not presented to the magistrate
judge.
(c) No Stay of Order Pending Resolution of Objections.
The filing of a statement of objections to an order does not stay the
magistrate judge's order pending resolution of the statement of objections.
The magistrate judge whose order is objected to decides a motion for stay
pending the resolution of the statement of objections. If the magistrate judge
denies the motion for stay, the party may address the motion to the
assigned district judge.
(d) Findings and Recommendations; Remand.
If the district judge remands the matter to the magistrate judge, the
magistrate judge's subsequent recommendation is also subject to objection
under this rule.
(e) Findings and Recommendations; Failure to Object.
Failure to object to a finding of fact in a magistrate judge's recommendation
may be construed as a waiver of the right to object from the district judge's
order adopting the recommendation of the finding of fact.
(f) Appeals of Detention or Release Orders.
An appeal of a magistrate judge's release or detention order is brought to a
district judge under 18 U.S.C. § 3145 and Nebraska Criminal Rule 46.2.
Nebraska Criminal Rule 59.2 does not apply.
