Local Rule LOCAL CIVIL RULE 73: MAGISTRATE JUDGES; TRIAL BY CONSENT AND APPEAL OPTIONS

LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; TRIAL BY CONSENT AND APPEAL OPTIONS

(a) Jurisdiction.

(1) All Magistrate Judges are designated fully to exercise all powers and jurisdiction, and perform to the fullest extent the duties prescribed in 28 U.S.C. § 636(a), (b) and (c).

(2) Nothing in these rules shall preclude the Court, or a Judge of this Court, from conducting any proceeding itself rather than by a Magistrate Judge.

(b) Referral of Cases. The Clerk of Court shall refer cases to the Magistrate Judges in accordance with the Court's general orders and standing orders issued by the Judge to whom the case is assigned.

(c) Cases Referred for Trial Under 28 U.S.C. § 636(c). Upon the written consent of all parties and referral by the District Judge to whom the case is assigned, a Magistrate Judge may conduct any and all proceedings in a civil case which is filed in this Court, including the conduct of a jury or non-jury trial and post-judgment proceedings, and shall order the entry of a final judgment. In the course of conducting such proceeding a Magistrate Judge shall hear and determine any and all pre-trial and post-trial motions which are filed by the parties, including dispositive motions.

(d) Other Duties. A Magistrate Judge may be assigned additional duties under 28 U.S.C. § 636(b)(3), including the following matters, which are set forth for illustrative purposes only:

(1) Conduct pre-trial conferences, settlement conferences, omnibus hearings, and related pre-trial proceedings in civil and criminal cases;

(2) Accept waivers of indictment, pursuant to Fed. R. Civ. P. 7(b);

(3) Conduct voir dire and select grand and petit juries for the Court;

(4) Conduct necessary proceedings in a probation revocation action;

(5) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses, or evidence needed for Court proceedings;

(6) Order the exoneration or forfeiture of bonds;

(7) Conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. § 4311(d);

(8) Conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69;

(9) Conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act;

(10) Perform the functions specified in 18 U.S.C. § 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein;

(11) Conduct extradition proceedings pursuant to 18 U.S.C. § 3184;

(12) Discharge indigent prisoners or persons imprisoned for debt under process or provisions of 28 U.S.C. § 2007;

(13) Issue attachment or order to enforce obedience to an Internal Revenue Summons to produce books and give testimony under 26 U.S.C. § 6704(b);

(14) Upon application, cause the arrest and detention of seaman in accordance with 22 U.S.C. § 256 - 258; conduct proceedings for disposition of deceased seaman's effects under 46 U.S.C. § 10706, et seq. conduct hearings of offenses arising under 46 U.S.C. § 11501, and submit reports and recommendations to the District Judge;

(15) Review appeals of Social Security cases and submit a report and recommendation to the District Court;

(16) Enter a scheduling order and modify a scheduling order upon a showing of good cause under Fed. R. Civ. P. 16(b);

(17) Issue Order for Service by Publication under 28 U.S.C. § 1655;

(18) Issue appropriate Orders for Execution of Judgment;

(19) Issue Orders confirming sales by the U. S. Marshal under 28 U.S.C. § 2001 and 2004.

(20) Perform any additional duty that is consistent with the Constitution and laws of the United States.