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Fed. R. Civ. P. 73

Magistrate Judges: Trial by Consent; Appeal

activein force · 2024-12-01 – presentact-effective-date

(a) TRIAL BY CONSENT. When authorized under 28 U.S.C. § 636(c),

a magistrate judge may, if all parties consent, conduct a civil action or proceeding, including a jury or nonjury trial. A record

must be made in accordance with 28 U.S.C. § 636(c)(5).

(b) CONSENT PROCEDURE.

(1) In General. When a magistrate judge has been designated

to conduct civil actions or proceedings, the clerk must give

the parties written notice of their opportunity to consent

under 28 U.S.C. § 636(c). To signify their consent, the parties

must jointly or separately file a statement consenting to the

referral. A district judge or magistrate judge may be informed

of a party’s response to the clerk’s notice only if all parties

have consented to the referral.

(2) Reminding the Parties About Consenting. A district judge,

magistrate judge, or other court official may remind the parties of the magistrate judge’s availability, but must also advise them that they are free to withhold consent without adverse substantive consequences.

(3) Vacating a Referral. On its own for good cause—or when

a party shows extraordinary circumstances—the district judge

may vacate a referral to a magistrate judge under this rule.

(c) A PPEALING A JUDGMENT. In accordance with 28 U.S.C.

§ 636(c)(3), an appeal from a judgment entered at a magistrate

judge’s direction may be taken to the court of appeals as would

any other appeal from a district-court judgment.

(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Mar. 2, 1987, eff.

Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec.

1, 1997; Apr. 30, 2007, eff. Dec. 1, 2007.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
d962490036c07f6112fd82bbb63f13b306ff12593083baf2a1a264c9032d5a96
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