(a) Statement of Objections.
A party may object to a magistrate judge's order in a nondispositive matter
or findings and recommendation in a dispositive matter by filing a
"Statement of Objections to Magistrate Judge's Order" or "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
Effective December 1, 2025 Nebraska Civil Rules
should also indicate whether the objecting party relies on a previously or
newly filed brief. 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.
(1) Nondispositive Orders.
A party may not offer additional evidentiary materials without a court
order.
(2) Dispositive Orders.
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 Nondispositive Order Pending Resolution of Objections.
The filing of a statement of objections to a nondispositive 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) Nondispositive Orders; Consent Cases Excluded.
A party may not object to a nondispositive order of a magistrate judge in
which the parties consented to proceed before a magistrate judge. See
NECivR 73.1.
(e) Dispositive Orders; Remand.
If the district judge remands a dispositive matter to the magistrate judge, the
magistrate judge's subsequent recommendation is also subject to objection
Effective December 1, 2025 Nebraska Civil Rules
under this rule.
(f) Dispositive Orders; 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 to the district judge's
order adopting the recommendation of the finding of fact.
