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ARTICLE · 07 OCTOBER 2018

Timely And Specific: Making Objections To Federal Magistrate Reports

Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate's report...

United StatesLitigation, Mediation & Arbitration

Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate's report and recommendation are filed to preserve review of those arguments by both the district and appellate court. Federal Rule of Civil Procedure 72 and 28 U.S.C. § 636(b)(1) provide that such written objections are to be filed and served within 14 days after service of a copy of the recommended disposition. The district court then conducts a de novo review of any portion of the report and recommendation that has been properly objected to. See id.

What constitutes a "proper objection"? As one district court in Michigan recently observed, "it is not the job of the Court to make arguments on [a party's] behalf" –  parties cannot simply make an "argument in the most skeletal way, leaving the court to ... put flesh on its bones." Sands v. Brennan, 2018 WL 4356650, at *2 (E.D. Mich.

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