Local Rule LR 73.1: TRIALS OF CIVIL CASES UPON CONSENT OF PARTIES

LR 73.1 TRIALS OF CIVIL CASES UPON CONSENT OF PARTIES

(A) Jurisdiction. In accordance with 28 U.S.C. § 636(c), the magistrate judges are authorized, upon the consent of all parties, to conduct any and all proceedings in any civil case filed in this Court, including a jury or nonjury trial, and to order the entry of a final judgment. The magistrate judges shall be authorized to do and perform any act which could be done by a judge. A record of the proceedings shall be made in accordance with 28 U.S.C. § 636(c)(7). See also Fed. R. Civ. P. 73.

(B) Procedure.

(1) Concurrently with the filing of a complaint in a civil case, the clerk shall notify the plaintiff or plaintiffs of the opportunity to consent to have the case heard, determined, and final judgment on the case entered by a magistrate judge. The notice shall be served with the complaint upon all other parties. At the direction of a judge, additional notices may be sent by a courtroom deputy at later stages of the proceedings. The notice used by the clerk shall conform to Form 81, Federal Rules of Civil Procedure Appendix of Forms (AO 85).

(2) Except as provided in (3) below, a joint form consenting to the exercise of jurisdiction by a magistrate judge may be filed at any time. Consent forms complying with Form 34, Federal Rules of Civil Procedure Appendix of Forms (AO 85) are available at the public filing counter in each division.

(3) For Social Security Appeals, the Commissioner of Social Security, who is represented by the United States Attorney, shall be deemed to have provided consent unless that consent is withdrawn as to a particular case at the time of filing the initial response to the complaint. Absent a withdrawal of consent, the clerk will reassign a case to the Magistrate Judge before whom the case is pending upon receipt of the Plaintiff's Notice and Consent to Proceed before a Magistrate Judge.