US · rules
Fed. R. Civ. P. 73
Magistrate Judges: Trial by Consent; Appeal
(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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