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D. Mont. L.R. 73.1

Consent Election

activein force · 2025-12-01 – presentact-effective-date

(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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D. Mont. L.R. 73.1 — Consent Election · binding.law