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N.D.N.Y. L.R. 72.2

Duties of Magistrate Judges

activein force · 2022-01-01 – presentact-effective-date

(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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N.D.N.Y. L.R. 72.2 — Duties of Magistrate Judges · binding.law