Local Rule LCivR 73: Consent jurisdiction of magistrate judges
W.D. Mich. — Civil rule
Local Civil Rule 73. Consent jurisdiction of magistrate judges 73.1 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.
73.2 Notice - The Clerk shall notify the parties in cases of their option to consent to have a magistrate judge conduct any or all proceedings as provided by law.
73.3 Execution of consent - The Clerk shall not accept a consent form unless it has been signed by all the parties in a case. No consent form will be made available, nor will its contents be made known, to any judge or magistrate judge, unless all parties have consented to the reference to a magistrate judge. 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 judge or magistrate judge from informing the parties that they have the option of referring a case to a magistrate judge.
73.4 Reference - After the consent form has been executed and filed, the Clerk shall transmit it to the 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 of Court to enter a final judgment in the same manner as if a judge had presided.
73.5 Suspension of rule - This rule may be suspended in those instances when the Court determines that the other duties of the magistrate judges preclude their availability for this purpose.