LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES;
TRIAL BY CONSENT AND APPEAL OPTIONS
LR73.1E Jurisdiction
LR73.1M & W Jurisdiction
LR73.2E Automatic Referral of
Cases
LR73.2M Referral of Cases
LR73.2W Referral of Cases
LR73.2.1W Consent and Referral to Magistrate Judge in Prisoner, Detainee and
Habeas Cases
LR73.3E Referral of Other Cases
LR73.3M & W Cases Referred for Trial Under 28 USC 636(c)
LR73.4E Additional Duties
LR73.4M & W Other Duties
LR73.5E Assignment of Matters to the Magistrate Judge
LR73.1E Jurisdiction
A. All U.S. Magistrate Judges are designated and empowered to exercise the powers and
perform the duties prescribed by 28 USC 636(a), (b) and (c), when assigned to them by a judge
of this court or by these rules.
B. Each U.S. Magistrate Judge is specifically designated to try persons accused of and sentence persons convicted of misdemeanors as defined in 18 USC 3401, when such matter is assigned to them by a judge in this district or by these rules.
LR73.1M & W Jurisdiction
A. All U.S. Magistrate Judges are designated fully to exercise all powers and jurisdiction, and
perform to the fullest extent the duties prescribed in 28 USC 636(a), (b) and (c).
B. Nothing in these rules shall preclude the court, or a judge of this court, from conducting any proceeding itself rather than by a magistrate judge.
LR73.2E Automatic Referral of Cases
The clerk shall automatically refer the following categories of civil cases to the magistrate
judges pursuant to 28 USC 636(b) and/or 636(c), as applicable, conditioned upon consent of the
parties, if required by statute:
A. Applications for post-trial relief, except in capital cases, made by individuals convicted of
criminal offenses, of prisoner petitions challenging the conditions of confinement, and of
prisoner cases brought pursuant to 42 USC 1983;
B. Appeals brought pursuant to 42 USC 405(g), i.e., judicial review of Social Security decisions;
C. Employment discrimination cases brought pursuant to 42 USC 2000(e);
D. Petitions to enforce an Internal Revenue Service summons;
E. Applications for an order authorizing entry upon and search of premises in order to effect
levy and seize pursuant to 26 USC 6331;
F. Applications by appropriate representative of the United States Government for the issuance
of administrative inspection orders or warrants.
LR73.2M Referral of Cases
A. The clerk shall refer cases to the magistrate judges in accordance with the court's general
orders and standing orders issued by the judge to whom the case is assigned. [Amended June 28,
2002]
LR73.2W Referral of Cases
The clerk shall refer cases to the magistrate judges in accordance with standing orders issued by
the judge to whom the case is assigned.
LR73.2.1W Consent and Referral to Magistrate Judge in Prisoner, Detainee and Habeas Cases
The special procedures set forth hereinafter apply to: (1) applications made pursuant to 28 U.S.C. § 2254 for post-trial relief by an individual convicted of state criminal offenses; (2) prisoner and detainee cases brought pursuant to 42 U.S.C. § 1983; (3) prisoner and detainee cases brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 91 S. Ct. 1999 (1971); (4) applications for relief under 28 U.S.C. § 2241; and (5) claims by a prisoner or a detainee brought pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671, et. seq.
In any case where LR3.2W requires that a complaint or petition be filed on a court approved form each petitioner shall, at the time the petition or complaint is filed, indicate on the appropriate page of the form whether or not petitioner consents to the exercise by a magistrate judge of civil jurisdiction over the case, as authorized by 28 U.S.C. ยง 636(c). The election shall be filed with the petition or complaint. In all other cases governed by this rule the Clerk shall, immediately upon the filing of the petition or complaint, provide each petitioner with a court approved form notifying each petitioner of their opportunity to consent to the exercise of civil jurisdiction pursuant to 28 U.S.C. § 636(c). In a case not governed by LR3.2W the petitioner must make an election and return the form to the Clerk within 15 days of the Clerk's depositing of the form in the U. S. mail.
Any petitioner is free to elect to not consent to the exercise of jurisdiction by the magistrate judge without adverse substantive consequences. However, each petitioner must make a timely election. If a petitioner fails to make an election and deliver it to the Clerk in a timely manner, that petitioner will be considered as having consented in fact to the magistrate's exercise of case-dispositive jurisdiction.
Upon the initial appearance by a defendant the Clerk shall provide that defendant with a court approved form notifying each defendant of their opportunity to consent to the exercise of civil jurisdiction pursuant to 28 U.S.C. § 636(c), and requiring the defendant to elect whether or not the defendant consents to the exercise by a magistrate judge of such jurisdiction. The defendant is free to elect to not consent to the exercise of such jurisdiction by the magistrate judge without adverse substantive consequences. However, the defendant must make the election and deliver it to the Clerk within 15 days of the Clerk's depositing of the form in the U.S. mail. If a defendant fails to make an election and return it to the Clerk in a timely manner, that defendant will be considered as having consented in fact to the magistrate's exercise of case-dispositive jurisdiction.
A district judge or magistrate judge shall not be informed of a party's election unless all parties have consented, either in writing or in fact, to the referral of the matter to the magistrate judge.
If all parties have consented to a magistrate judge's exercise of jurisdiction pursuant to 28 U.S.C. § 636(c), either in writing or in fact, the district judge to whom the case has been assigned may refer the case to the magistrate judges for the exercise of such jurisdiction. Subsequent to the order of reference any party that has not consented in writing may, prior to making a post-referral appearance, file a written objection to the referral, and, in that case the district judge will vacate the order of reference. However, any party that makes an appearance subsequent to the order of reference without written objection to the reference shall be conclusively presumed to have consented to the magistrate judge's exercise of jurisdiction pursuant to 28 U.S.C. § 636(c). Unless and until all parties who have not expressly consented to the magistrate judge's exercise of jurisdiction have made such a post-reference appearance conclusively establishing their implied consent to the magistrate judge's exercise of jurisdiction, the magistrate judge shall not exercise jurisdiction of powers under 28 U.S.C. § 636(c). [Adopted May 13, 2005]
LR73.3E Referral of Other Cases
A judge of the district court may refer to a magistrate judge by random allotment any other
cases or matters permitted by law. If the magistrate judge to whom the case is allotted is not
available, the case will be temporarily reallotted. [Amended June 26, 1998]
LR73.3M & W Cases Referred for Trial Under 28 USC 636(c)
Upon the written consent of all parties and referral by the district judge to whom the case is
assigned, a full-time magistrate judge may conduct any and all proceedings in a civil case which
is filed in this court, including the conduct of a jury or non-jury trial and post-judgment
proceedings, and shall order the entry of a final judgment. In the course of conducting such
proceeding a magistrate judge shall hear and determine any and all pre-trial and post-trial
motions which are filed by the parties, including dispositive motions.
LR73.4E Additional Duties
The magistrate judges shall perform such additional duties as may be assigned by the court or
by any of its judges on cases randomly allotted to that magistrate judge as follows:
A. Administer oaths and affirmations and take acknowledgments, affidavits and depositions;
B. Conduct extradition proceedings pursuant to 17 USC 3184 [sic] (Correct site: 18 USC 3184);
C. Issue attachments or orders to enforce obedience to an Internal Revenue summons to produce
books and give testimony under 26 USC 7604(b);
D. Settle or certify the non-payment of seamen's wages under 46 USC 603-604 [Repealed];
enforce awards of foreign consuls in differences between captains and crews of vessels of the
consul's nation under 22 USC 528(a) [sic] (Correct site: 22 USC 258(a) ); conduct proceedings
for disposition of deceased seamen's effects under 46 USC 627-628[Repealed]; conduct hearings
of offenses arising under 46 USC 701 [Repealed]; and submit records and recommendations to
the district court;
E. Conduct pre-trial conferences and scheduling conferences in civil and criminal cases and
enter scheduling orders pursuant to Rule 16(b) of the FRCvP;
F. Conduct voir dire and select petit juries for the court;
G. Perform any additional duty which is not inconsistent with the Constitution and laws of the
United States;
H. Hear motions, enter orders, conduct hearings, and make findings of fact and
recommendations to the court on matters related to mental competency as provided in 18 USC
4244. [Amended June 26, 1998]
LR73.4M & W Other Duties
A magistrate judge may be assigned additional duties under 28 USC 636(b)(3), including the
following matters, which are set forth for illustrative purposes only.
A. Conduct pre-trial conferences, settlement conferences, omnibus hearings, and related
pre-trial proceedings in civil and criminal cases;
B. Accept waivers of indictment, pursuant to FRCvP 7(b);
C. Conduct voir dire and select grand and petit juries for the court;
D. Conduct necessary proceedings in a probation revocation action;
E. Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum,
or other orders necessary to obtain the presence of parties, witnesses or evidence needed for
court proceedings;
F. Order the exoneration or forfeiture of bonds;
G. Conduct proceedings for the collection of civil penalties of not more than $200 assessed
under the Federal Boat Safety Act of 1971, in accordance with 46 USC 484(d) [Repealed];
H. Conduct examinations of judgment debtors in accordance with FRCvP 69;
I. Conduct proceedings for initial commitment of narcotics addicts under Title III of the
Narcotic Addict Rehabilitation Act;
J. Perform the functions specified in 18 USC 4107, 4108, and 4109, regarding proceedings for
verification of consent by offenders to transfer to or from the United States and the appointment
of counsel therein;
K. Conduct extradition proceedings pursuant to 18 USC 3184;
L. Discharge indigent prisoners or persons imprisoned for debt under process or provisions of
18 USC 3569[Repealed] and 28 USC 2207 [sic] (Correct site: 28 USC 2007 );
M. Issue attachment or order to enforce obedience to an Internal Revenue Summons to produce
books and give testimony under 26 USC 6704(b);
N. Settle or certify the non-payment of seamen's wages under 46 USC 303-304 [Repealed];
enforce awards of foreign consuls in differences between captains and crews of vessels of the
consul's nation, 22 USC 258(a); conduct proceedings for disposition of deceased seamen's effects
under 46 USC 627, 628 [Repealed]; conduct hearings of offenses arising under 46 USC 701
[Repealed], and submit reports and recommendations to the district court;
O. Review appeals of Social Security cases and submit a report and recommendation to the
district court;
P. Enter a scheduling order and modify a scheduling order upon a showing of good cause under
FRCvP 16(b);
Q. Issue Order for Service by Publication under 28 USC 1655;
R. Issue appropriate Orders for Execution of Judgment;
S. Issue Orders confirming sales by the U.S. Marshal under 28 USC 2001 and 2004.
LR73.5E Assignment of Matters to the Magistrate Judge
Unless the court orders otherwise in a particular case, civil and criminal cases will be allotted to
the magistrate judges in the same manner as cases are allotted to the judges.