Local Rule CVLR 73: Magistrate Judge: Trial by Consent; Appeal

CVLR 73 Magistrate Judge: Trial by Consent; Appeal

(a) Notice. The Clerk of Court shall notify the parties in all civil cases that they may consent to have a magistrate judge conduct any or all proceedings in the case, including determination of any dispositive motion, and order the entry of final judgment. The notice shall be personally served upon or mailed to the plaintiff or his counsel at the time an action is filed. The plaintiff or his counsel shall provide such notice to other parties as attachments to copies of the complaint and summonses when served. Additional notices may be furnished to the parties at later stages of the proceedings. A copy of the consent forms (AO 85 and AO 85A) shall also be available on the Court's website.

(b) Execution of Consent. The Clerk of Court shall not accept a consent form unless it has been signed by all parties or their respective counsel in a case. The plaintiff, or the defendant if the plaintiff is proceeding pro se, shall be responsible for securing the execution of a consent form by the parties and for lodging such form with the Clerk of Court. However, either party may procure the form. No consent form will be made available, nor will its contents be made known to any district judge or magistrate judge, unless all parties have consented to the reference to the magistrate judge. The district judge or magistrate judge may advise the parties of the availability of the magistrate judge to try a civil case or hear a civil motion by consent, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences.

A party added after reference of the case to the magistrate judge on consent will be given an opportunity to consent to the continued exercise of case-dispositive authority by the Magistrate Judge. The Clerk of Court will give the party an unexecuted copy of the notice previously provided to the plaintiff. If the party chooses to consent, it must, within 21 days of its appearance, file with the Clerk of Court the notice denoting its consent, signed by the party or its counsel. Unless the notice is properly signed and filed, the case will be transferred back to the district judge for final determination and disposition.

(c) Filing of Consent. Once the consent to proceed before the magistrate judge has been approved by the assigned judge and filed, the Magistrate Judge is authorized to conduct any and all proceedings in a jury or non-jury civil matter and to direct the Clerk of Court to enter final judgment in the same manner as if a district judge had presided. Appeal from a final judgment entered at a magistrate judge's direction may be taken to the court of appeals as would any other appeal from a district court judgment.