Consent of the Parties - 28 U.S.C. § 636(c)
(a) General. Upon the consent of the parties, a Magistrate Judge may conduct
any or all proceedings in any civil case which is filed in this Court, 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 upon consent of
the parties, a Magistrate Judge may hear and determine any and all pretrial and post-trial
motions which are filed by the parties, including case-dispositive motions. (See
Appendix F.)
(b) Recusal, Resignation or Death of Magistrate Judge. Where there is a
general assignment or a referral to a Magistrate Judge pursuant to LR 3.1 or LR 72.2 and
the Magistrate Judge thereafter recuses, resigns or dies, the Clerk shall immediately
assign another Magistrate Judge to the case in accordance with orders of the Court.
Where the parties have consented to the transfer of a civil case to a Magistrate Judge
under section (a) above, if the Magistrate Judge thereafter recuses, resigns or dies, the
case shall be returned to the District Judge. The Clerk shall immediately assign another
Magistrate Judge by the random draw and notify the parties of such new assignment.
Within ten (10) days after such notification by the Clerk, the parties shall indicate their
consent, or lack thereof, to transferring the case to the newly-assigned Magistrate Judge
under 28 U.S.C. § 636(c). If the parties consent, section (a) above shall control. If the
parties do not consent to the transfer, the case shall remain with the District Judge.
Last revised 10/5/98. See Historical Notes for full revision history.
