1 Legislative History of U.S. Magistrates Jurisdiction Definition P.L. 94-577 90 STAT.2729 (1976)

handle is hein.leghis/legusmag0001 and id is 1 raw text is: PUBLIC LAW 94-577-OCT. 21, 1976

Public Law 94-577
94th Congress
An Act
To improve judicial machinery by further defining the jurisdiction of United  Oct. 21, 1976
States magistrates, and for other purposes.                   [S. 12831

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 636(b)
of title 28, United States Code, is amended to read as follows:
(b) (1) Notwithstanding any provision of law to the contrary-
(A) a judge may designate a magistrate to hear and determine
any pretrial matter pending before the court, except a motion for
injunctive relief, for judgment on the pleadings, for summary
judgment, to dismiss or quash an indictment or information made
by the defendant, to suppress evidence in a criminal case, to dis-
miss or to permit maintenance of a class action, to dismiss for
failure to state a claim upon which relief can be granted, and to
involuntarily dismiss an action. A judge of the court may recon-
sider any pretrial matter under this subparagraph (A) where it
has been shown that the magistrate's order is clearly erroneous
or contrary to law.
(B) a judge may also designate a magistrate to conduct hear-
ings, including evidentiary hearings, and to submit to a judge of
the court proposed findings of fact and recommendations for the
disposition, by a judge of the court, of any motion excepted in
subparagraph (A), of applications for posttrial relief made by
individuals convicted of criminal offenses and of prisoner petitions
challenging conditions of confinement.
(C) the magistrate shall file his proposed findings and recom-
mendations under subparagraph (B) with the court and a copy
shall forthwith be mailed to all parties.
Within ten days after being served with a copy, any party may serve
and file written objections to such proposed findings and recommenda-
tions as provided by rules of court. A judge of the court shall make a
de novo determination of those portions of the report or specified pro-
posed findings or recommendations to which objection is made. A judge
of the court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate. The judge may
also receive further evidence or recommit the matter to the magistrate
with instructions.
(2) A judge may designate a magistrate to serve as a special master
pursuant to the applicable provisions of this title and the Federal
Rules of Civil Procedure for the United States district courts. A
judge may designate a magistrate to serve as a special master in any
civil case, upon consent of the parties, without regard to the provisions
of rule 53(b) of the Federal Rules of Civil Procedure for the United
States district courts.
(3) A magistrate may be assigned such additional duties as are not
inconsistent with the Constitution and laws of the United States.

U.S. magistrates.
28 USC app.

89-139 (488) 0 - 76

90 STAT. 2729

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