A bill to improve judicial machinery by further defining the jurisdiction of U.S. magistrates, and for other purposes.
PL 94-577 (S.1283), enacted 10/21/1976

PUBLIC LAW 94-577—OCT. 21, 1976 
90 STAT. 2729 
Public Law 94-577 
94th Congress 
An Act 
To improve judicial machinery by further defining the jurisdiction of United 
uct. 21, 1976 
States magistrates, and for other purposes. 
[S. 1283] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That section 636(b) U-S. magistrates, 
of title 28, United States Code, is amended to read as follows: 
Jurisdiction, 
"(b) (1) Notwithstanding any provision of law to the contrary— 
definition. 
" (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 gi'anted, 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. 
28 USC app. 
"(3) A magistrate may be assigned such additional duties as are not 
inconsistent with the Constitution and laws of the United States. 
90 STAT. 2730 
PUBLIC LAW 94-577—OCT. 21, 1976 
" (4) Each district court shall establish rules pursuant to which the 
magistrates shall discharge their duties.". 
SEC. 2. (a)(1) Rule 8(b) of the Rules Governing Section 2254 
28 use app. 
Cases in the United States District Courts is amended to read as 
follows: 
" ( b ) FUXCTION OP THE MAGISTRATE,— 
"(1) When designated to do so in accordance with 28 U.S.C. 
§ 636(b), a magistrate may conduct hearings, including eviden-
. ;
g 
tiary hearings, on the petition, and submit to a judge of the court 
proposed findings of fact and recommendations for disposition. 
"(2) The magistrate shall file proposed findings and recom-
mendations with the court and a copy shall forthwith be mailed 
to all parties. 
"(3) Within ten days after being served with a copy, any party 
v
^ 
may serve and file written objections to such proposed findings 
and recommendations as provided by rules of court. 
"(4) A judge of the court shall make a de novo determination 
of those portions of the report or specified proposed findings or 
recommendations to which objection is made. A judge of the court 
may accept, reject, or modify in whole or in part any findings or 
recommendations made by the magistrate.". 
(2) Rule 8(b) of the Rules Governing Section 2255 Proceedings 
28 use app. 
for the United States District Courts is amended to read as follows: 
"(b) FUNCTION or THE MAGISTRATE.— 
"(1) When designated to do so in accordance with 28 U.S.C. 
§ 636(b), a magistrate may conduct hearings, including eviden-
tiary hearings, on the motion, and submit to a judge of the court 
proposed findings and recommendations for disposition. 
"(2) The magistrate shall file proposed findings and recom-
mendations with the court and a copy shall forthwith be mailed 
to all parties. 
" (3) Within ten days after being served with a copy, any party 
may serve and file written objections to such proposed findings and 
recommendations as provided by rules of court. 
"(4) A judge of the court shall make a de novo determination 
of those portions of the report or specified proposed findings or 
recommendations to which objection is made. A judge of the court 
may accept, reject, or modify in whole or in part any findings or 
recommendations made by the magistrate.". 
PUBLIC LAW 94-577—OCT. 21, 1976 
90 STAT. 2731 
(b)(1) Rule 8(c) of such Rules Governing Section 2254 Cases is 28 U
S
C app. 
amended by striking out "and shall conduct the hearing" and inserting 
in lieu thereof the following: "and the hearing shall be conducted . 
(2) Rule 8(c) of such Rules Governing Section 2255 Proceedings is 
amended by striking out "and shall conduct the hearing" and insert-
ing in lieu thereof the following: "and the hearing shall be conducted". 
(c) The amendments made by this section shall take effect with Effective date, 
respect to petitions under section 2254 and motions under section 2255 
of title 28 of the United States Code filed on or after February 1,1977. 
Approved October 21, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1609 (Coram, on the Judiciary). 
SENATE REPORT No. 94-625 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD, Vol 122 (1976): 
Feb. 5, considered and passed Senate. 
Oct. 1, considered and passed House, amended; Senate agreed to House 
amendments.