Rule 321 Magistrate Judges: Trial by Consent; Appeal.

(a) General. Pursuant to 4 V.I.C. § 123(d), upon consent of the parties, a magistrate judge may conduct all proceedings in a jury or non-jury civil matter, including trial and may enter a judgment in the case. A record must be made of all proceedings.

(b) [repealed]

(c) Consent Procedures.

(1) In General. The parties to all civil actions must be notified by the court of the availability of a magistrate judge to conduct proceedings in jury or non-jury civil matters upon filing of civil actions. The Clerk of the Court shall provide such notification by “Notice of Availability of Magistrate Judge” form. To indicate consent, all parties to an action must sign the form “Consent to an Assignment to a Magistrate Judge” or a stipulated motion executed by all parties. Plaintiff shall be responsible for securing the necessary signatures. Upon the filing of the consent documents, the Clerk of the Court shall enter the same unto the docket and submit them to the Presiding Judge for approval. The Clerk shall then assign the matter to the next magistrate judge in the rotation pursuant to the regular rotational assignment schedule. The Clerk shall thereupon enter the Order of Assignment onto the official docket. (See Forms A, B, and C.)

(2) Time to Consent. The consent to have a magistrate judge conduct the proceedings in a jury or non-jury civil matter must be submitted to the Presiding Judge within fifteen (15) days after the completion of all initial pleadings as set forth in Rule 7(a) of the Virgin Islands Rules of Civil Procedure in the affected case. Failure to do so shall result in the proceeding being assigned to a trial judge pursuant to the court's rotational schedule.

(3) Right to Withhold Consent. The parties must be notified of the magistrate judge’s availability to conduct civil actions or proceedings but must also be advised that they are free to withhold consent without adverse substantive consequences and that the identity of any party consenting or withholding consent will not be disclosed to the trial judge to whom the case is assigned or to any magistrate judge.

(4) Appealing Judgment. A judgment entered by a magistrate judge in a jury or non-jury civil action under this provision is an Order of the Court, appealable to the Supreme Court of the Virgin Islands.

(5) Maintenance of Assignment Log. The Clerk of the Court shall maintain a log of assignments made to the magistrate judge by consent and designation, which shall identify the date of the assignment or designation, the caption and case number, and the cause of action.