Local Rule LR Cv 73: CONSENT TO ORDER OF REFERENCE

LR Cv 73 CONSENT TO ORDER OF REFERENCE

(a) Trial by Magistrate Judge. A full-time or recalled magistrate judge may conduct a jury or non-jury trial in a civil case if all parties consent and the district judge to whom the case has been assigned approves.

(b) Notification of Option to Consent.

(1) When a civil action or notice of removal is filed, the Clerk, with the permission of the district judge to whom the case is assigned, shall give written notice to the parties of the option to consent to a trial before, or other disposition of the case by, a magistrate judge and shall provide the parties with a consent form. The notice shall inform the parties that they are free to withhold consent without adverse consequences, and that the executed form must be returned within the time specified in the notice issued by the Clerk.

(2) At any time thereafter, the district judge to whom the case has been assigned may again authorize the Clerk to advise the parties of their opportunity to consent to a trial before, or other disposition of the case by, a magistrate judge, in which case the Clerk shall send a similar notice to the parties.

(3) A district judge or magistrate judge shall not be informed of a party's response to the Clerk's notification unless all parties have consented to a trial before a magistrate judge.

Effective 12/1/18: §(b)(1) amended. Effective 12/1/17: §(b)(1) amended. Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules.

CROSS-REFERENCES See LR Gen 303(c)(3) (Consent to Proceed Before a Magistrate Judge filed conventionally), and LR Cv 72 (magistrate judge authority in civil cases). See also 28 U.S.C. §636(c) (setting forth jurisdiction and duties of magistrate judges), and Fed .R. Civ. P. 73.