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US · rules

M.D. Tenn. LR 73.01

Conduct of Trials and Disposition of Civil Cases by Magistrate Judges Upon Consent of the Parties

activein force · 2025-05-15 – presentact-effective-date

(a) Consent. Upon the consent of the parties and the entry of an order of transfer by a District

Judge, Magistrate Judges are hereby specifically designated, pursuant to 28 U.S.C. §

636(c), to conduct trials and otherwise dispose of any civil case that is filed in this Court.

If all parties consent to referral of the case to a Magistrate Judge, all parties should complete

the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form available

on the court’s website under the link to forms. The Notice form should be completed only

if all parties consent, and one completed form should be filed via CM/ECF. After an order

of reference is entered in a case, a Magistrate Judge may conduct any and all proceedings

in the case, 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), and Fed. R. Civ. P. 73. In the course

of conducting such proceedings, a Magistrate Judge may hear and determine any pre- trial

and post-trial motions, including case-dispositive motions.

(b) Vacating an Order of Reference. Once an order of reference has been entered, no party

may withdraw consent. An order of reference may be vacated by a District Judge upon the

Judge’s own motion, for good cause shown, or upon motion of a party who can demonstrate

extraordinary circumstances.

(c) Additional Party After Reference.

(1) In the event an additional party is brought in or joined in a civil action referred to a

Magistrate Judge, the party bringing in or joining an additional party must additionally

cause a copy of the consent form to be served on each additional party. Counsel for all

parties must then confer and must file a new consent form, if all parties agree. The new

form must be filed within thirty (30) days after the appearance of such additional party.

(2) If the parties fail to timely file a form consenting to further proceedings before the

Magistrate Judge, the Magistrate Judge shall return the case file to the referring District

Judge for the entry of an order vacating the order of reference. If all parties consent to

further proceedings before the Magistrate Judge, then the order of reference previously

entered remains valid and binding without the necessity of entry of another order by

the District Judge.

Provenance

Source
www.tnmd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
c5b9eb97ac3d12b57486548962555d49350fb1e97f80bec6c878fc4ab996bf5d
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