US · rules
D. Mont. L.R. 73.1
Consent Election
(a) Anonymity. Parties are free to give or withhold their consent to
magistrate judge jurisdiction. No judge will be notified as to the identity of any
party giving or withholding consent to the exercise of jurisdiction by a magistrate
judge, except when there is no objection to magistrate judge jurisdiction. No party
may disclose its own or any other party’s consent or lack of consent.
(b) Filing. Information about filing consent forms electronically is
available in the court’s CM/ECF User’s Guide for Filing in the District of Montana
which is available on the court’s public website, www.mtd.uscourts.gov.
(c) Notice. When a civil action has been assigned to a magistrate judge
under L.R. 72.2(a), the clerk will notify the parties of such assignment and advise
them that they may withhold consent to the magistrate judge’s exercise of
jurisdiction. In cases that are pre-screened pursuant to 28 U.S.C. § 1915(e)(2), the
clerk will serve the notice of assignment to U.S. magistrate judge and a form for
withholding consent after all parties ordered to be served have made an
appearance. In all other cases assigned to a U.S. magistrate judge pursuant to L.R.
72.2(a), the clerk will serve the notice of assignment to U.S. magistrate judge and a
form for withholding consent within seven days after the last party has appeared.
At the direction of the court, the clerk may conduct new consent elections at any
time.
(d) Return of Consent Election Forms. Parties have 14 days from service
of the clerk’s notice of assignment to file a notice of withholding of consent form.
If any party’s form is not timely filed after service of the clerk’s notice of
assignment, that party is deemed to have consented to magistrate judge jurisdiction.
If any party objects to the exercise of jurisdiction by a magistrate judge, the case
will be reassigned to an Article III judge but may still be referred to a magistrate
judge for all pretrial proceedings pursuant to 28 U.S.C. § 636(c).
Provenance
- Source
- www.mtd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
f403170e034a772b818176fd773e39b467293bac31ed685b17e623457ee837b3
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