Local Rule 73.1: Direct Assignment of Civil Cases

73.1 Direct Assignment of Civil Cases.

(a) Allocation of Civil Case Assignments. Civil cases excluding prisoner cases and bankruptcy appeals may be randomly assigned to a Magistrate Judge as the trial Magistrate Judge (hereinafter "trial Magistrate Judge") to preside over all dispositive motions, evidentiary hearings and trial; the Court will determine the percentage of civil cases to be assigned to each trial Magistrate Judge. For every civil case, excluding Social Security appeals, a Magistrate Judge will be assigned as pre-trial Magistrate Judge (hereinafter "pre-trial Magistrate Judge") to preside over all non-dispositive pre-trial matters in accordance with FED. R. CIV. P. 72(a). The pretrial Magistrate Judge will also conduct settlement conferences in all civil cases pursuant to D.N.M. LR-Civ. 16.2 .

(b) Consent to Proceed Before a Trial Magistrate Judge. In a case assigned to a trial Magistrate Judge, each party's attorney will receive notice in the form of an NEF ("Notice of Electronic Filing") stating in part, that the case "has been randomly assigned to a U. S. Magistrate Judge to conduct dispositive proceedings in this matter, including motions and trial." A party proceeding pro se will receive the notice and a form entitled, "Consent / Refusal to Proceed Before a U. S. Magistrate Judge" (available at www.nmd.uscourts.gov and at the Clerk's Office). Consent or non-consent will be by text only notice filed by a party's attorney or by a completed consent/refusal form submitted to the Clerk by a party proceeding pro se. Unless otherwise notified by the Clerk's Office or the Court, consent by each party must be made no later than twenty-one (21) days after the entry of the original Order setting the Rule 16 Initial Scheduling Conference.

(c) Refusal to Proceed Before a Trial Magistrate Judge. A party's failure to timely indicate consent will be considered that party's refusal of consent to proceed before the assigned trial Magistrate Judge. If a party explicitly or implicitly refuses consent, the assigned trial Magistrate Judge will be replaced by a randomly assigned District Judge. The assigned pre-trial Magistrate Judge will remain the same.

(d) Recusal by A Trial Magistrate Judge. An assigned trial Magistrate Judge may decline to hear the case if it is determined that the case would interfere with the efficient and effective processing of cases within the Magistrate Judge's jurisdiction or if a conflict arises. Upon recusal by an assigned trial Magistrate Judge, the Clerk will randomly reassign the case to another trial Magistrate Judge. If the recusal occurs before entry of the Order setting the Rule 16 Initial Scheduling Conference, the procedures in (b) and (c) will be followed. If the recusal occurs after entry of the Order setting the Rule 16 Initial Scheduling Conference, the parties will have fourteen (14) days from the date a new trial Magistrate Judge is randomly assigned to consent or not consent to the newly assigned trial Magistrate Judge. Failure to timely consent will result in the case being randomly reassigned to a District Judge.