(a) Authority of a Magistrate Judge. Upon consent of all of the parties, and upon approval of the
district judge to whom the case is assigned through entry of an order of reference, a magistrate judge may
conduct all proceedings in a civil case and order entry of judgment in the case.
(b) Notice of Consent Option. Upon the filing of a complaint or notice of removal in a civil case,
the clerk will give the plaintiff or plaintiff’s counsel or the removing defendant or removing defendant’s
counsel a notice/consent form (form) informing the parties that they may consent to have a magistrate
judge conduct all proceedings in the case and order the entry of final judgment. The parties or their
attorneys must sign the form if they consent to the exercise of dispositive authority by the magistrate
judge. Plaintiff or plaintiff’s counsel must attach a copy of the form to each copy of the complaint and
summons served. A removing defendant or removing defendant’s counsel must include the form with
the notice of removal required under 28 U.S.C. §1446(a). Additional copies of the form may be furnished
to the parties at later stages of the proceedings. The parties are free to withhold consent without adverse
consequences, and any notice or other communication from the court under authority of this LR will so
advise them. This section will not apply if the district judge so instructs the clerk.
(c) Execution of Consent. If all of the parties in a civil case consent to have the magistrate judge
exercise the authority described in (a), the plaintiff or plaintiff’s counsel must file with the clerk the form
described in (b), signed by all parties or their attorneys. The clerk will not accept the form without all such
signatures, and neither the form nor its contents may be made known or available to a district judge or
magistrate judge if it lacks any signatures required under this LR. A party’s decision regarding consent will
not be communicated to a district judge or magistrate judge before a fully-executed form is filed. Consent
in a civil case under (a) may be entered until 28 days before scheduled trial of the case unless otherwise
ordered by the district judge.
(d) Reference of Civil Consent Case. Upon filing of an executed form as described in (c), the clerk
will send it to the district judge. The district judge may then refer the case to the magistrate judge for all
further proceedings. A magistrate judge may exercise consent jurisdiction only if the district judge enters
an order specifically referring the case.
(e) Party Added After Consent Occurs. A party added to a civil case after reference of the case to
a magistrate judge on consent will be given an opportunity to consent to the continued exercise of case-
dispositive authority by the magistrate judge. The clerk will give the party a copy of the form described
in (b). A party choosing to consent must, within 28 days of appearance, file with the clerk the form signed
by the party or attorney. The case will be returned to the district judge for all further proceedings unless
a form is properly signed and filed.
COMMENT: Review of matters referred under LR 73.1 is in the court of
appeals. Review of matters referred under LR 72.1 is by the district judge.
March 1, 2010
United States District Court
Eastern District of Michigan
