Rule 72.Magistrate Judges: Pretrial Order

Last amended December 1, 2023 · Last verified June 30, 2026

In one sentenceRule 72 lets a district judge refer pretrial matters to a magistrate judge: for nondispositive matters the magistrate judge issues an order reviewed for clear error, and for dispositive matters issues a recommended disposition reviewed de novo on objection filed within 14 days.

Full Text of Rule 72

Text sizeJump to: (a) (b)

(a) Nondispositive Matters. When a pretrial matter not dispositive of a party's claim or defense is referred to a magistrate judge to hear and decide, the magistrate judge must promptly conduct the required proceedings and, when appropriate, issue a written order stating the decision. A party may serve and file objections to the order within 14 days after being served with a copy. A party may not assign as error a defect in the order not timely objected to. The district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.

(b) Dispositive Motions and Prisoner Petitions.

(1) Findings and Recommendations. A magistrate judge must promptly conduct the required proceedings when assigned, without the parties' consent, to hear a pretrial matter dispositive of a claim or defense or a prisoner petition challenging the conditions of confinement. A record must be made of all evidentiary proceedings and may, at the magistrate judge's discretion, be made of any other proceedings. The magistrate judge must enter a recommended disposition, including, if appropriate, proposed findings of fact. The clerk must immediately serve a copy on each party as provided in Rule 5(b).

(2) Objections. Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy. Unless the district judge orders 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.

(3) Resolving Objections. The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.

End

Amendment History

(Former Rule 72 abrogated December 4, 1967, effective July 1, 1968; new Rule 72 adopted April 28, 1983, effective August 1, 1983; amended April 30, 1991, effective December 1, 1991; April 22, 1993, effective December 1, 1993; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009; April 24, 2023, effective December 1, 2023.)

Plain-English Summary

Rule 72 is the workhorse of the magistrate-judge system. A district judge may refer a pretrial matter to a magistrate judge, and the rule splits those matters into two tracks. For a nondispositive matter — most discovery and scheduling disputes — the magistrate judge issues a written order. A party may file objections within 14 days, and the district judge may modify or set aside any part of the order that is clearly erroneous or contrary to law.

For a dispositive matter — such as a motion to dismiss or for summary judgment — the magistrate judge instead enters a recommended disposition (a “report and recommendation”). A party has 14 days to file specific written objections, and the district judge then reviews de novo the portions objected to before accepting, rejecting, or modifying the recommendation.

Frequently Asked Questions

What is a report and recommendation?

A magistrate judge’s recommended ruling on a dispositive motion; the district judge reviews de novo the parts a party objects to (Rule 72(b)).

How long do you have to object to a magistrate judge’s ruling?

14 days after being served with the order or recommended disposition (Rule 72).

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 72), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 72Fed. R. Civ. P. 72magistrate judge pretrialreport and recommendationobjections to a magistrate judge