Local Rule 73.1: Procedures for Consent to Trial Before a Magistrate Judge

Rule 73.1 Procedures for Consent to Trial Before a Magistrate Judge

(A) Notice. In all civil cases, as may be provided by Administrative Order, the Clerk shall notify the parties that, pursuant to 28 U.S.C. § 636(c), they may consent to have a full-time magistrate judge conduct any or all proceedings in the case and order the entry of a final judgment. The notice shall state that the parties are free to withhold their consent without adverse substantive consequences.

(B) Execution of Consent. Any party who consents to trial of any or all of the civil case by a magistrate judge must execute a consent form and return it to the office of the Clerk within 45 days of the date of service of the notice. The form shall not be returned if the party does not consent. No magistrate judge, district judge, or other court official may attempt to coerce any party to consent to the reference of any matter to a full-time magistrate judge. This rule, however, shall not preclude any district judge or magistrate judge from informing the parties that they may have the option of having a case referred to a full-time magistrate judge for all proceedings, including trial.

(C) Reference. Cases in which the parties have timely filed a fully executed consent form shall be referred to the full-time magistrate judge assigned to the case, and notice thereof shall be made a part of the file, with copies furnished to the parties.