US · rules
S.D.N.Y. Local Civil Rule 73.1
Consent Jurisdiction Procedure
(a) Upon the filing of a complaint in a civil case, the clerk will file on ECF, or in a pro
se matter provide in hard copy, a court-approved notice (or a link thereto)
informing the parties that they may consent to have a magistrate judge conduct all
proceedings in the case and order the entry of final judgment. The notice will
include a consent form that the parties or their attorneys must sign if they consent
to the exercise of dispositive authority by a magistrate judge.
(b) In any case where all parties are represented by counsel, no consent form may be
filed unless it is signed by all parties or their attorneys. In such a case, consent
forms may be signed in counterpart fashion, if all signed forms are filed together.
(c) For all cases where both a district judge and magistrate judge has been assigned, if
the assigned district judge approves the consent form, the clerk must reassign the
case for all purposes to the magistrate judge previously designated to receive any
referrals or to whom the case has previously been referred for any purpose, except
that, in the Eastern District, upon application of the parties, the clerk must select a
new magistrate judge at random. If no designation or referral has been made, the
clerk must select a new magistrate judge at random.
(d) In the Eastern District, for all cases where only a magistrate judge has been
assigned, upon approval of the consent form by the chief judge or a district judge
designated to approve the form, the case will remain assigned to the magistrate
judge for all purposes.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
PRE-2024 COMMITTEE NOTE The Committee believes that Local Civil Rule 73.1(a) continues to serve a useful function by focusing the attention of the parties at the outset of the case upon the consent jurisdiction of the Magistrate Judges. The Committee proposes a rewording of Local Civil Rule 73.1(b) for purposes of clarification; no change in meaning is intended. 2024 COMMITTEE NOTE The amendments are intended to more closely conform to the language used in Fed. R. Civ. P. 73 and to more accurately describe how consent forms are distributed and executed. The rule is also amended to clarify that the approval required is that of the district judge to whom the case is assigned at the time the consent form is filed, who may not be the district judge to whom the case was originally assigned. The rule also now provides that, in the Eastern District of New York, in a case where the parties to a case consent but no district judge has been assigned, the form shall be signed by the chief judge or a designated district judge.
Provenance
- Source
- www.nysd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
812cf87a0e7f81a48c8bd38c667361eddd66aac543113dfdb46011b1f9f7ea1f
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