US · rules
D. Or. LR 73-3
Review By District Court Judge of Rulings Issued Prior to Full Consent
If a Magistrate Judge issues a ruling or findings and recommendations before all the parties have consented to a Magistrate Judge, and objections are filed pursuant to 28 U.S.C. § 636, a District Judge will review the objections, even if all the parties consent to a Magistrate Judge subsequent to the issuance of the ruling or findings and recommendations.
Commentary
The purpose LR 73-3 is to address the situation where all but one party has consented to a Magistrate Judge, and the Magistrate Judge then gives a favorable ruling to the non-consenting party. The concern is that the non-consenting party may try to foreclose a review of any 28 U.S.C. § 636 objections to the favorable ruling by filing a Magistrate Judge consent form shortly after receiving the favorable ruling. Under this rule, a District Judge will still review those objections.
History
December 1, 2009: LR 73-3: New rule and commentary added.
Provenance
- Source
- www.ord.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
7cb61864d114d95dcd3dde385eeebddaab3b9d3cd0e400148f95ff449c7e6914
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