Local Rule LR 72.3: Consent to Civil Trial Jurisdiction

LR 72.3 - Consent to Civil Trial Jurisdiction a. Consent to Exercise of Civil Trial Jurisdiction. 1. In General. Cases will be assigned to the Chief Judge of the District Court. Upon recusal of the Chief Judge or when the Chief Judge is unavailable, parties will be notified of the availability of a magistrate judge to preside over the civil trial as authorized in 28 U.S.C. § 636(c)(1). With consent of the parties, a magistrate judge may conduct any or all proceedings in any civil case, including motions to dismiss, motions for summary judgment, a jury or non-jury trial, and entry of a final judgment. The judgment may then be appealed directly to the United States Court of Appeals like any other judgment of this Court. 2. Consent. A magistrate judge may exercise case-dispositive authority only when the parties voluntarily consent. Parties may, without adverse substantive consequences, withhold their consent, but this will prevent the Court's case-dispositive jurisdiction from being exercised by a magistrate judge and the case will be assigned to a designated judge. Parties may consent to have a magistrate judge hear all or any portion of a case and may consent to a trial by a magistrate judge up to the date of trial even though they may have previously declined to stipulate to such a consent. 3. Confer Requirement and Stipulation. After receiving notification of the availability of a magistrate judge, parties must confer and jointly complete and file a form stipulation signed by the party or his or her attorney. 4. Assignment of Magistrate Judge. When the joint stipulation indicates the consent of the parties to magistrate judge jurisdiction, the Clerk's Office will assign the case to a magistrate judge.

b. Withdrawal of Consent. After a case has been assigned to a magistrate judge, no party may withdraw its consent to the exercise of a magistrate judge's jurisdiction without court approval.

c. Referral. A district court judge may refer matters pursuant to 28 U.S.C §636(a) and (b) to a magistrate judge irrespective of consent.