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S.D. Miss. L.U. Civ. R. 73

Procedures Before a Magistrate Judge – Civil Consent Cases

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

(a) Notice of Consent Option. Parties may consent at any time before trial to have a

magistrate judge:

(1) conduct all further proceedings in the action and order the entry of final

judgment; or

(2) hear and determine one or more case dispositive motions designated by the

parties.

Either the assigned district judge or the assigned magistrate judge may discuss the

consent option with the parties. The parties are free to withhold consent without

adverse substantive consequences, and any notice or other communication from

the court under authority of this rule will so advise them.

(b) Execution of Consent. If all parties in a civil action consent to a magistrate

judge’s exercise of authority described in L.U. CIV. R. 73(a), plaintiff or plaintiff’s

counsel must file with the clerk of court a Notice, Consent, and Reference of a

Civil Action to a Magistrate Judge (Form AO 0085), signed by all parties or their

attorneys. A link to this and other national forms is available on the courts’

websites. The notice will not be docketed without all such signatures; neither the

notice nor its contents may be made known or available to a judge if the notice

lacks any signatures required under this rule. A party’s decision regarding consent

must not be communicated to a judge before a fully executed consent notice is

filed.

(c) Time for Consent. Consent in a civil action under L.U. CIV. R. 73(a) may be

entered at any time before trial of the case.

(d) Reference of Civil Consent Action. An executed notice of consent must be

provided to the assigned district judge. The district judge may then refer the case to

the magistrate judge for all further proceedings.

(e) Party Added After Consent Occurs. A party added to a civil action after

reference to a magistrate judge on consent will be given an opportunity to consent

to the continued exercise of case-dispositive authority by the magistrate judge. A

later-added party electing to consent must, within 21 days of its appearance, file a

consent, signed by the party or its attorney, with the clerk of court. If a later-added

party fails or declines to consent to the magistrate judge’s exercise of authority, the

action will be returned to the assigned district judge for all further proceedings.

Provenance

Source
www.mssd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
85e69743529ee9b4030608773b759cd4dd14bdb743973c8910b4e7a0859fd08b
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S.D. Miss. L.U. Civ. R. 73 — Procedures Before a Magi… · binding.law