US · rules
N.D.N.Y. L.R. 72.2
Duties of Magistrate Judges
(a) In all civil cases, in accordance with Fed. R. Civ. P. 16, the Magistrate Judge
assigned pursuant to L.R. 3.1 is authorized to hold conferences before trial, enter scheduling
orders, and modify scheduling orders. The scheduling order may limit the time to join parties,
amend pleadings, file and hear motions, and complete discovery. It may also include dates for a
final pretrial conference and other conferences, a trial ready date, a trial date, and any other
matters appropriate under the circumstances of the case. A schedule cannot be modified except
by order of the Court. The Magistrate Judge may explore the possibility of settlement and hold
settlement conferences.
(b) The following procedure shall be followed regarding consent of the parties and
designation of a Magistrate Judge to exercise civil trial jurisdiction under 28 U.S.C. § 636(c):
1. Upon the filing of a complaint or notice of removal, the Clerk shall
promptly provide to the plaintiff, or the plaintiff's attorney, a notice, as
approved by the Court, informing the parties of their right to consent to
have the full-time Magistrate Judge conduct all proceedings in the case.
Proceedings in the case include hearing and determining all pretrial and
post-trial motions, including dispositive motions; conducting a jury or
non-jury trial; and ordering the entry of a final judgment. The plaintiff
shall attach copies of the notice to the copies of the complaint and
summons when served. Additional copies of the notice shall be furnished
to the parties at later stages of the proceedings and shall be included with
pretrial notices and instructions. The consent form will state that any
appeal lies directly with the Court of Appeals for the Second Circuit.
2. If the parties agree to consent, the attorney for each party or the party, if
pro se, must execute the consent form. The parties shall file the executed
consent forms directly with the Clerk. No consent form shall be filed on
the docket or made available, nor shall its contents be made known, to any
District Judge or Magistrate Judge, unless all of the parties have executed
the consent form. No judge or other court official shall attempt to
persuade or induce any party to consent to the reference of any matter to a
Magistrate Judge. A District Judge, Magistrate Judge, or other court
official may again inform or remind the parties that they have the option
of referring the case to a Magistrate Judge. In reminding the parties about
the availability of consent to a Magistrate Judge, the judge or other court
official must inform the parties that they are free to withhold consent
without adverse substantive consequences. The parties may agree to a
Magistrate Judge's exercise of civil jurisdiction at any time prior to trial,
subject to the approval of the District Judge.
3. When all of the parties have executed and filed the consent forms, the
Clerk shall then transmit those forms along with the file to the assigned
District Judge for approval and referral of the case to a Magistrate Judge.
If the District Judge assigns the case to a Magistrate Judge on consent,
authority vests in the Magistrate Judge to conduct all proceedings and to
direct the Clerk to enter a final judgment in the same manner as if a
District Judge presided over the case.
4. The Clerk shall notify any parties added to an action after consent and
reference to a Magistrate Judge of their right to consent to the exercise of
jurisdiction by the Magistrate Judge. If an added party does not consent to
the Magistrate Judge's jurisdiction, the action shall be returned to the
referring District Judge for further proceedings.
(c) Assignment of Magistrate Judges to Serve as Special Masters. A Magistrate
Judge shall serve as a special master subject to the procedures and limitations of 28 U.S.C. §
636(b)(2) and Fed. R. Civ. P. 53. Where the parties consent, a Magistrate Judge shall serve as a
special master in any civil case without regard to the provisions of Fed. R. Civ. P. 53(b).
(d) Other Duties in Civil Actions. A Magistrate Judge is also authorized to do the
following:
1. Conduct proceedings for the collection of civil penalties of not more than
$200 assessed under the Federal Boat Safety Act of 1971, as amended, in
accordance with 46 U.S.C. § 4311(d), 46 U.S.C. §12309(c);
2. Conduct examinations of judgment debtors in accordance with Fed. R.
Civ. P. 69;
3. Supervise proceedings conducted pursuant to letters rogatory in
accordance with 28 U.S.C. § 1782;
4. Exercise general supervision of the Court’s civil calendar, conduct
calendar and status calls, and determine motions to expedite or postpone
the trial of cases for the judges; and
5. Administer oaths and affirmations and take acknowledgments, affidavits,
and depositions.
History
amended January 1, 2022
Provenance
- Source
- www.nynd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
0ca915669ce0fe104b065071abe4faf6230ce120b02f6679f0a4ce75ceba5ad4
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