(a) Powers; Procedure. When specially designated to exercise such jurisdiction by local rule or order of the district court and when all parties consent thereto, a magistrate judge may exercise the authority provided by Title 28, U.S.C. § 636(c) and may conduct any or all proceedings, including a jury or nonjury trial, in a civil case. A record of the proceedings shall be made in accordance with the requirements of Title 28, U.S.C. § 636(c)(5).
(b) Consent. When a magistrate judge has been designated to exercise civil trial jurisdiction, the clerk shall give written notice to the parties of their opportunity to consent to the exercise by a magistrate judge of civil jurisdiction over the case, as authorized by Title 28, U.S.C. § 636(c). If, within the period specified by local rule, the parties agree to a magistrate judge’s exercise of such authority, they shall execute and file a joint form of consent or separate forms of consent setting forth such election. A district judge, magistrate judge, or other court official may again advise the parties of the availability of the magistrate judge, but, in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. A district judge or magistrate judge shall not be informed of a party’s response to the clerk’s notification, unless all parties have consented to the referral of the matter to a magistrate judge. The district judge, for good cause shown on the judge’s own initiative, or under extraordinary circumstances shown by a party, may vacate a reference of a civil matter to a magistrate judge under this subdivision.
(c) Appeal. In accordance with Title 28, U.S.C. § 636(c)(3), appeal from a judgment entered upon direction of a magistrate judge in proceedings under this rule will lie to the court of appeals as it would from a judgment of the district court. [(d) Optional Appeal Route.] (Abrogated Apr. 11, 1997, eff. Dec. 1, 1997)
(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997.)
[Rule 74. Method of Appeal From Magistrate Judge to District Judge Under Title 28, U.S.C. § 636(c)(4) and Rule 73(d)] (Abro- gated Apr. 11, 1997, eff. Dec. 1, 1997) [Rule 75. Proceedings on Appeal From Magistrate Judge to District Judge Under Rule 73(d)] (Abrogated Apr. 11, 1997, eff. Dec. 1, 1997) [Rule 76. Judgment of the District Judge on the Appeal Under Rule 73(d) and Costs] (Abrogated Apr. 11, 1997, eff. Dec. 1, 1997) X. DISTRICT COURTS AND CLERKS
added in current removed in current
Compared to current version (2025).
(a) Powers; Procedure. When specially designated to exercise such jurisdiction by local rule or order of the district court and when all parties consent thereto, a magistrate judge may exercise the authority provided by Title 28, U.S.C. § 636(c) and may conduct any or allTrial by Consent. When authorized under 28 U.S.C. § 636(c), a magistrate judge may, if all parties consent, conduct a civil action or proceedings, including a jury or nonjury trial, in a civil case. A record of the proceedings shall. A record must be made in accordance with the requirements of Title 28, U.S.C. § 636(c)(5).
(b) Consent Procedure.
(1) In General. When a magistrate judge has been designated to exercise civil trial jurisdictionconduct civil actions or proceedings, the clerk shallmust give the parties written notice to the parties of their opportunity to consent to the exercise by a magistrate judge of civil jurisdiction over the case, as authorized by Titleunder 28, U.S.C. § 636(c). If, within the period specified by local rule, the parties agree to a magistrate judge’s exercise of such authority, they shall execute and file a joint form of consent or separate forms of consent setting forth such electionTo signify their consent, the parties must jointly or separately file a statement consenting to the referral. A district judge or magistrate judge may be informed of a party’s response to the clerk’s notice only if all parties have consented to the referral.
(2) Reminding the Parties About Consenting. A district judge, magistrate judge, or other court official may again adviseremind the parties of the availability of the magistrate judge, but, in so doing, shallmagistrate judge’s availability, but must also advise the partiesm that they are free to withhold consent without adverse substantive consequences. A district judge or magistrate judge shall not be informed of a party’s response to the clerk’s notification, unless all parties have consented to the referral of the matter to a magistrate judge. The district judge, for good cause shown on the judge’s own initiative, or under extraordinary circumstances shown by a party, may vacate a reference of a civil matter
(3) Vacating a Referral. On its own for good cause-or when a party shows extraordinary circumstances-the district judge may vacate a referral to a magistrate judge under this subdivisionrule.
(c) Appealing a Judgment. In accordance with Title 28, U.S.C. § 636(c)(3), an appeal from a judgment entered upon direction ofat a magistrate judge in proceedings under this rule will lie’s direction may be taken to the court of appeals as it would from a judgment of theany other appeal from a district -court. [(d) Optional Appeal Route.] (Abrogated Apr. 11, 1997, eff. Dec. 1, 1997) judgment.
(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997.)
Appended Forms
[Rule 74. Method of Appeal From Magistrate Judge to District Judge Under Title 28, U.S.C. § 636(c)(4) and Rule 73(d)] (Abro- gated Apr. 11, 1997, eff. Dec. 1, 1997) [Rule 75. Proceedings on Appeal From Magistrate Judge to District Judge Under Rule 73(d)] (Abrogated Apr. 11, 1997, eff. Dec. 1, 1997) [Rule 76. Judgment of the District Judge on the Appeal Under Rule 73(d) and Costs] (Abrogated Apr. 11, 1997, eff. Dec. 1, 1997) X. DISTRICT COURTS AND CLERKS; Apr. 30, 2007, eff. Dec. 1, 2007.)