Summary Judgments In Federal Cases

[miccar]

I recently received an INTERIM REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, in my federal case against the state of Texas, which has me wondering if I should object to some of the findings of the Magistrate or just let them go and wait for the trial. My biggest concern is if I don't object now, will the findings be accepted as facts that can't be refuted at the trial? I have a week before it has to be filed and I am researching like mad. I would appreciate any help I can get. Thank you.

 

[army judge]

Always preserve your right to appeal. In federal court, with FRCP governing every aspect of your case, preserve the record. You always object for the record, but with the Feds it often requires a motion to be filed, not just an oral objection in open court on the record!