Local Rule LR 72.3: Magistrate Judges - Civil Proceedings

LR 72.3 Magistrate Judges - Civil Proceedings

(a) Conduct of Trials and Disposition of Cases Upon Consent of the Parties 28 U.S.C. §636(c). Upon the consent of all parties, a magistrate judge may conduct any or all proceedings in any case, including the conduct of a jury or non-jury trial, and may order the entry of a final judgment, in accordance with 28 U.S.C. §636(c). In the course of conducting such proceedings, a magistrate judge may hear and determine any and all pretrial and post-trial motions, including case-dispositive motions.

(b) Notice. The Clerk shall notify the parties in cases of their option to consent to have a magistrate judge conduct all proceedings as provided by law and shall provide the parties with a form allowing the parties jointly to indicate their consent or non-consent.

(c) Execution of Consent. Within forty-five (45) days from the entry of an order notifying the parties of the availability of a magistrate judge, the parties jointly shall file a completed consent form indicating that either (i) all of the parties consent to proceed before a magistrate judge or (ii) not all of the parties consent to proceed before a magistrate judge without revealing any single party's choice. If all parties consent to proceed before a magistrate judge, the joint consent form must contain the signature of each unrepresented party and a representative signature for each represented party. The consent form may be executed in counterpart; however, it shall be filed jointly. The Clerk's Office will reject and return to the offering party any consent form that does not comply with this rule.

No magistrate judge or other court official may attempt to persuade or induce any party to consent to the reference of any matter to a magistrate judge. This rule, however, shall not preclude a district judge or magistrate judge from informing the parties that they have the option of referring a case to a magistrate judge.

(d) Reference. After a consent form has been executed and filed by all parties, the Clerk shall transmit the form to the district judge to whom the case has been assigned for approval and referral of the case to a magistrate judge. Once the case has been assigned to a magistrate judge, the magistrate judge shall have the authority to conduct any and all proceedings to which the parties have consented and to direct the Clerk to enter final judgment in the same manner as if a district judge has presided.