The Law Mind

Consent To A Magistrate Judge

W.D.N.Y. RULE 73

(a) Consent. In accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, a Magistrate Judge may conduct any or all proceedings in a civil action, including a jury or non-jury trial, upon the consent of all parties. Consent is voluntary, and the parties are free to withhold consent without adverse substantive consequences. (b) Notice, Execution, and Approval. The Clerk of Court shall provide the parties written notice of the right to consent and the appropriate consent form(s). The completed form(s) shall be submitted to the Clerk of Court, who, upon confirming that all parties have consented, will transmit the form(s) to the assigned District Judge for approval. (1) For cases in which the parties are represented by counsel, plaintiff’s counsel is responsible for submitting to the Clerk of Court a single consent form, executed by all parties or their attorneys. The Clerk of Court will reject and return a consent form that is not signed by all of the parties or their respective counsel. (2) For cases in which one or more of the parties is proceeding pro se, the Clerk of Court shall provide a separate consent form to each party. Each party is required to complete and return the form pursuant to the instructions provided. (c) Additional Parties. Any party added to an action after the original parties’ consent is approved by the assigned District Judge, shall be notified by the Clerk of Court of the right to consent to proceed before the Magistrate Judge. If the new party does not consent to the Magistrate Judge’s jurisdiction, the action shall be returned to the District Judge for further proceedings.
Official source: https://www.nywd.uscourts.gov/sites/nywd/files/2025%20Local%20Rules%20of%20Civil%20Procedu · retrieved 2026-07-23