US · rules
S.D. Fla. Magistrate Judge Rule 3
Procedures Before the Magistrate Judge
(a) In General. In performing duties for the Court, a Magistrate Judge shall conform to all
applicable provisions of federal statutes and rules, to the general procedural rules of this Court,
and to the requirements specified in any order of reference from a District Judge.
(b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent
of the Parties-Title 28, United States Code, Section 636(c).
(1) Notice. The Clerk of the Court shall notify the parties in all civil cases that they
may consent to have the Magistrate Judge who is assigned to the case at the time
of the consent conduct any or all proceedings in the case and order the entry of a
final judgment. Such notices shall be handed or mailed to the plaintiff or his
representative at the time an action is filed and to other parties as attachments to
copies of the complaint and summons, when served. Additional notices may be
furnished to the parties at later stages of the proceedings, and may be included with
pretrial notices and instructions.
(2) Execution of Consent. The Clerk of the Court shall not accept a consent form unless
it has been signed by all the 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 the Court, and serving the executed consent form on all parties.
No consent form will be made available, nor will its contents be made known, to
any District Judge or Magistrate Judge, unless all parties have consented to the
reference to a Magistrate Judge. No Magistrate Judge, District 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 District
Judge or Magistrate Judge from informing the parties that they may have the option
of referring a case to a Magistrate Judge.
(3) References. After the consent form has been executed, filed and served, the Clerk
of the Court shall transmit it to the District Judge to whom the case has been
assigned for consideration of approval and possible referral of the case to the
Magistrate Judge assigned to the case, by specific order of reference. Once the case
has been assigned to that 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 the Court to enter a final judgment in the same manner as
if a District Judge had presided.
History
Effective December 1, 1994. Amended effective April 15, 2007; December 1, 2011; December 1, 2015; December 2, 2019.
Provenance
- Source
- www.flsd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
8ce294fff7a57696cf19c4503fc238056dd31711abe28d6766da4f14593f6a8e
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