Consent of the Parties--28 U.S.C. § 636(c).
(a) Notice.
The clerk of court shall notify the parties in all civil cases that they may consent to have
a magistrate judge conduct any or all proceedings in the case and order the entry of a final
judgment. Such notice shall be handed or mailed to the plaintiff or his or her representative at
the time an action is filed and to other parties as attachments to copies of the complaint and
summons, when served.
(b) Execution of Consent.
The clerk shall not accept a consent form unless it has been signed by all parties in a
case. The plaintiff shall be responsible for securing the execution of a consent form by the
parties and for filing such form with the clerk of court within sixty (60) days after the filing date
of the case. No consent form will be made available, nor will its contents be made known to
any judge or magistrate judge, unless all parties have consented to the reference to a
magistrate judge. No magistrate judge, judge, or other court official may attempt to persuade
or induce any party to consent to the reference of any matter to a magistrate judge. This rule,
however, shall not preclude a judge or magistrate judge from informing the parties that they
may have the option of referring a case to a magistrate judge.
(c) Reference.
After the consent form has been executed and filed, the clerk shall transmit it to the judge
to whom the case has been assigned for approval and referral of the case to a magistrate
judge. Once the case has been assigned to a magistrate judge, the magistrate judge shall
have the authority to conduct any and all proceedings to which the parties have consented and
to direct the clerk of court to enter a final judgment in the same manner as if a judge had
presided.
(d) Cases Referred to a Magistrate Judge By Rotational Assignment.
A civil case may be referred to a magistrate judge at the time of the filing of the complaint
under the rotational assignment plan of the court and, at the same time, will be assigned to a
district court judge. The magistrate judge, independent of the parties' consent, is authorized
to exercise all the judicial authority that is provided for by law for a magistrate judge.
The magistrate judge may, despite the initial absence of consent to proceed before the
magistrate judge, establish a deadline for a consent decision in the case management order.
The parties shall be advised that they are free to withhold consent without adverse substantive
consequences.
(e) Joint Case Management Plan.
The parties in completing the joint case management plan form before the case
management conference, in all civil cases, shall state whether all parties consent to have a
magistrate judge conduct all proceedings including trial and the entry of a final judgment. Upon
the consent of all of the parties, the assigned district court judge may direct the clerk to
reassign the case to a magistrate judge. In a case that has been referred to a magistrate
judge on a rotational basis, upon a statement in the joint case management plan that the
parties consent to proceed before the magistrate judge, the clerk shall reassign the case to
that magistrate judge.
CHAPTER XIV
DISTRICT COURTS AND CLERKS
