US · rules
S.D. Miss. L.U. Civ. R. 73
Procedures Before a Magistrate Judge – Civil Consent Cases
(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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