How-To: Draft Your Written Objections (Federal)

Background:	The Court made an important ruling in your case
Problem:	The Court's ruling was based on error/mistake/oversight/etc.
Solution:	You write & submit a formal objection

I. Definitions

Magistrate

1. a public civil officer, invested with some part of the legislative, executive or judicial power.

2. in a narrower sense, the term includes only inferior judicial officers, such as justices of the peace.

UNITED STATES [FEDERAL] MAGISTRATE: appointed by US District Court judges, magistrates have powers that include the ability to hear and determine specified pretrial motions pending before a district court, to conduct hearings, including evidentiary hearings, and to submit proposed findings of facts and recommendations for disposition.

Objection

a procedure whereby a party asserts that a particular witness, line of questioning, piece of evidence, or other matter is improper and should not be continued, and asks the court to rule on its impropriety or illegality. A timely objection on the record, stating the grounds thereof, must be made to evidence rulings admitting or excluding evidence if the ruling is to be challenged later on appeal. This is necessary to preserve the point on appeal. As to other rulings or orders entered by a trial court, the failure to object will not prejudice a party's right to challenge on appeal the action taken if he or she had no opportunity to object. See also challenge; motion [MOTION IN LIMINE].

II. Legal Citations

28 USC §636(b)(1)(C) | Pro Se Civil-Rights Cases and Collateral Attacks on Criminal Convictions

"Within fourteen 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. 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, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions."

Rule 46 Fed. R. Civ. P. | Objecting to a Ruling or Order

"When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection."

Rule 60 Fed. R. Civ. P. | Relief from a Judgment or Order

“(a) CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND OMISSIONS. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.”

Rule 72 Fed. R. Civ. P. | Magistrate Judges: Pretrial Order

“(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.”

Rule 3-1 11th Cir. R. | Failure to Object to a Magistrate Judge’s Findings or Recommendations.

"A party failing to object to a magistrate judge’s findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice."

III. Samples

#	PDF	Comments	₧
1		TBD case. USFLMD. Pro Se Filing. 2020. §1981 Case (+ §760 FS). Clear Error + Contrary to Law
2		USNYWD. 2007. Attorney Filing. Criminal Case. Response. Standard of Review + Governing Law.
3		USNYWD. 2007. Attorney Filing. Criminal Case. Clear Error + Contrary to Law.
4		USNYWD. 2007. Attorney Filing. Forum Selection. "Alter Ego" Doctrine.
5		USNYWD. 2007. Attorney Filing. Ipso Facto Third-Party. Standard of Review. 28 USC §1441.
6		USNYWD. 2007. Attorney Filing. Standard of Review + Governing Law. Rule 56. Summary Judgment.
7		USNYWD. 2007. Attorney Filing. Letter Format. 3 Pages.
8		USNYWD. 2007. Attorney Filing. Criminal Case. Evidence Suppression.
9		USNYWD. 2007. Attorney Filing. Criminal Case. Evidence Suppression. Government Filing.

IV. Templates

#	Link	Comments	₧
1		Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

V. Quick Commentary

Critical Note: File this document on time!
- Within 14 Days of the Court's Order
  - see 28 USC §636(b)(1)(C)
  - see Rule 72 Fed. R. Civ. P.
Standard of Review: Pursuant to Rule 72(a) Fed. R. Civ. P., a district court “[must] modify or set aside any part of the order that is clearly erroneous or is contrary to law”.
- Definition for "Clearly Erroneous"
  “[A] finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”
  - Holton v City of Thomasville, 425 F. 3d 1325 (11th Cir. 2005)
- Definition for "Contrary to Law"
  An order “is contrary to the law when it fails to apply or misapplies relevant statutes, case law, or rules of procedure.”
  - Malibu Media v Doe, 923 F. Supp. 2d (MD Fla. 2013)
Expectation: Do not expect victory (even if you have a slam dunk objection).
- Judges "enjoy" almost total immunity, and they'll do what they want.
  - Use this interactive reading list to learn more: Reading List on Judicial Immunity
  - See this real-live example for practicality: Perjury from a State Judge
  - Shoutout to 'Anonymous User 047-***-***138' for commenting on the need for additional info on this blurb
Download as many sample documents as you'd like
- Model your language after the language that lawyers use
Use the free-hand template (see Part III - above) to write your 'Objections'
Save the final version as a PDF file.
File the final version in court

VI. Additional Notes

Estimated Time ≈ 4-16 hours
Tolling: Filing written objections to the lower court's order extends the time to appeal the same order (even if the District Judge entered it)
- See Rule 4(a)(4) Fed. R. App. P.
- See This Example

VII. Bibliography

VIII. Conclusion

With the use of the template (as well as the samples above), you can more easily draft your Written Objections (Federal).

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How-To: Draft Your Written Objections (Federal)

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Quick Commentary

VI. Additional Notes

VII. Bibliography

VIII. Conclusion

...POINTS & THINGS...

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How-To: Draft Your Written Objections (Federal)

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Quick Commentary

VI. Additional Notes

VII. Bibliography

VIII. Conclusion

...POINTS & THINGS...

Buy™

Sell™

Shop™ Now

Pages That YouMight Also Like

Buy™

Sell™

Shop™ Now

add a comment

thank you, come again!TBD 1.037

TBD

TBD

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages That You
Might Also Like

thank you, come again!
TBD 1.037