Local Rule DUCivR 72-3: CONSENT TO THE JURISDICTION OF THE MAGISTRATE JUDGE
D. Utah — Civil rule
DUCivR 72-3 CONSENT TO THE JURISDICTION OF THE MAGISTRATE JUDGE
(a) Civil Consent Jurisdiction of Magistrate Judges.
Under 28 U.S.C. § 636(c), a magistrate judge is designated to exercise jurisdiction over a civil jury or nonjury case after the relevant parties consent to the assignment. After obtaining consent, the magistrate judge is authorized to conduct all proceedings and enter judgment in the matter.
(b) Assignment of Civil Case to a Magistrate Judge at Case Opening.
(1) Except as otherwise restricted under section 72-3(b)(2), the Clerk's Office will randomly assign a civil matter to a magistrate judge if the matter:
(A) is brought by an unrepresented party who is not incarcerated;
(B) seeks judicial review of decisions of the Commissioner of the Social Security Administration (Social Security Appeal); or
(C) is an eligible civil case randomly assigned under DUCivR 83-2(a).
(2) The Clerk's Office will not assign a civil matter to a magistrate judge if the case:
(A) includes a request for immediate injunctive or similar extraordinary relief when a standalone motion for the relief accompanies the complaint or is included in the complaint;
(B) includes a claim for relief under 28 U.S.C. §§ 2241, 2254, or 2255;
(C) is an in rem or civil forfeiture action involving personal or real property;
(D) is an appeal from the bankruptcy court to the district court;
(E) includes a claim for relief brought by a relator under the False Claims Act, 31 U.S.C. §§ 3729, et seq.;
(F) includes a claim or defense related to the adjudication of, the infringement of, or rights to, a patent;
(G) is one in which all district judges have a conflict; or
(H) is one that an assigned district judge has previously invested considerable time.
(c) Notification of Availability of a Magistrate Judge.
(1) Notification. In every eligible civil case, the Clerk's Office will give notice to each relevant party that a magistrate judge may exercise jurisdiction by sending a copy of the Consent to the Jurisdiction of Magistrate Judge form (Consent Form).
(2) Sending the Consent Form. For cases identified in section 72-3(b)(1), the Clerk's Office must send the Consent Form to the plaintiff when the complaint is filed and to every other relevant party when the party appears or otherwise responds. When a new party is added to a civil case after consent to a magistrate judge has been obtained, the Clerk's Office will send the Consent Form to the newly added party.
(3) Returning the Consent Form.
(A) Deadline. A party has 21 days from the date the Clerk's Office sends the Consent Form to that party to return it to the Clerk's Office.
(B) Procedure. A party must not electronically file the Consent Form in the case. The Consent Form must be confidentially returned to the Clerk of Court, either by emailing the form in PDF to consents@utd.uscourts.gov or by mailing it to the address provided in the form.
(4) Filing the Form After Consent is Obtained. If each relevant party consents to the jurisdiction of a magistrate judge, the consent clerk will file the Consent Form.
(d) Case Assignment After the Relevant Parties Consent or Decline to Consent.
(1) Consent Obtained.
(A) Case Assigned to a Magistrate Judge. In a case initially assigned to a magistrate judge in which the relevant parties consent, the Clerk's Office will assign the case to the magistrate judge as the presiding judge.
(B) Case Assigned to a District Judge. In a case initially assigned to a district judge, but eligible to have a magistrate judge preside after consent, in which the relevant parties consent, the Clerk's Office will assign the case to:
(i) the referred magistrate judge; or
(ii) a randomly selected magistrate judge if one has not been referred.
(2) Consent not Obtained.
(A) Case Assigned to a Magistrate Judge. In a case initially assigned to a magistrate judge under section 72-3(b)(1)(A) or (B) in which consent is not obtained, the Clerk's Office will randomly assign the case to a district judge and, unless a district judge directs otherwise, enter an automatic referral under 28 U.S.C. § 636(b)(1)(B) to the magistrate judge who was initially assigned. In all other cases initially assigned to a magistrate judge in which consent is not obtained, the Clerk's Office will randomly assign the case to a district judge and, unless the district judge directs otherwise, enter an automatic referral under 28 U.S.C. § 636(b)(1)(A) to the magistrate judge who was initially assigned.
(B) Case Assigned to a District Judge. In a case initially assigned to a district judge, in which consent is not obtained, the case remains assigned to the district judge. Any existing referral to a magistrate judge is unaffected.
(e) Confidentiality.
A party may decline to consent without negative consequences. If any party declines to consent or fails to timely return the Consent Form, the identity of that party will not be communicated to any judge.
(f) Authority of the Magistrate Judge Pending Consent.
Until all relevant parties consent, a magistrate judge's assignment as presiding judge is a referral from the Chief Judge under 28 U.S.C. § 636(b)(1)(B).