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N.D. Ohio LR 73.1

Conduct of Trials and Disposition of Civil Cases by Magistrate Judges Upon Consent of the Parties - 28 U.S.C. § 636(c)

activein force · 1998-10-05 – presentact-effective-date

(a) General. Upon the consent of the parties, a Magistrate Judge may conduct

any or all proceedings in any civil case which is filed in this Court, including the conduct

of a jury or non-jury trial, and may order the entry of a final judgment, in accordance

with 28 U.S.C. § 636(c). In the course of conducting such proceedings upon consent of

the parties, a Magistrate Judge may hear and determine any and all pretrial and post-trial

motions which are filed by the parties, including case-dispositive motions. (See

Appendix F.)

(b) Recusal, Resignation or Death of Magistrate Judge. Where there is a

general assignment or a referral to a Magistrate Judge pursuant to LR 3.1 or LR 72.2 and

the Magistrate Judge thereafter recuses, resigns or dies, the Clerk shall immediately

assign another Magistrate Judge to the case in accordance with orders of the Court.

Where the parties have consented to the transfer of a civil case to a Magistrate Judge

under section (a) above, if the Magistrate Judge thereafter recuses, resigns or dies, the

case shall be returned to the District Judge. The Clerk shall immediately assign another

Magistrate Judge by the random draw and notify the parties of such new assignment.

Within ten (10) days after such notification by the Clerk, the parties shall indicate their

consent, or lack thereof, to transferring the case to the newly-assigned Magistrate Judge

under 28 U.S.C. § 636(c). If the parties consent, section (a) above shall control. If the

parties do not consent to the transfer, the case shall remain with the District Judge.

History

Last revised 10/5/98. See Historical Notes for full revision history.

Provenance

Source
www.ohnd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
fdb2f63da171dd836d74615e0d3b6c026344ecb140f51981110dd5ac2b41660c
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N.D. Ohio LR 73.1 — Conduct of Trials and Disposition… · binding.law