D. Utah DUCivR 72-3

(a) Civil Consent Jurisdiction of Magistrate Judges.

Under 28 U.S.C. § 636(c), a magistrate judge is designated to exercise jurisdiction

over a civil jury or nonjury case after the relevant parties consent to the

assignment. After obtaining consent, the magistrate judge is authorized to

conduct all proceedings and enter judgment in the matter.

(b) Assignment of Civil Case to a Magistrate Judge at Case Opening.

(1) Except as otherwise restricted under section 72-3(b)(2), the Clerk’s Office

will randomly assign a civil matter to a magistrate judge if the matter:

(A) is brought by an unrepresented party who is not incarcerated;

(B) seeks judicial review of decisions of the Commissioner of the Social

Security Administration (Social Security Appeal); or

(C) is an eligible civil case randomly assigned under DUCivR 83-2(a).

(2) The Clerk’s Office will not assign a civil matter to a magistrate judge if the

case:

(A) includes a request for immediate injunctive or similar extraordinary

relief when a standalone motion for the relief accompanies the

complaint or is included in the complaint;

(B) includes a claim for relief under 28 U.S.C. §§ 2241, 2254, or 2255;

(C) is an in rem or civil forfeiture action involving personal or real

property;

(D) is an appeal from the bankruptcy court to the district court;

(E) includes a claim for relief brought by a relator under the False

Claims Act, 31 U.S.C. §§ 3729, et seq.;

(F) includes a claim or defense related to the adjudication of, the

infringement of, or rights to, a patent;

(G) is one in which all district judges have a conflict; or

(H) is one that an assigned district judge has previously invested

considerable time.

(c) Notification of Availability of a Magistrate Judge.

(1) Notification. In every eligible civil case, the Clerk’s Office will give notice to

each relevant party that a magistrate judge may exercise jurisdiction by

sending a copy of the Consent to the Jurisdiction of Magistrate Judge form

(Consent Form).

(2) Sending the Consent Form. For cases identified in section 72-3(b)(1), the

Clerk’s Office must send the Consent Form to the plaintiff when the

complaint is filed and to every other relevant party when the party

appears or otherwise responds. When a new party is added to a civil case

after consent to a magistrate judge has been obtained, the Clerk’s Office

will send the Consent Form to the newly added party.

(3) Returning the Consent Form.

(A) Deadline. A party has 21 days from the date the Clerk’s Office sends

the Consent Form to that party to return it to the Clerk’s Office.

(B) Procedure. A party must not electronically file the Consent Form in

the case. The Consent Form must be confidentially returned to the

Clerk of Court, either by emailing the form in PDF to

consents@utd.uscourts.gov or by mailing it to the address provided

in the form.

(4) Filing the Form After Consent is Obtained. If each relevant party consents

to the jurisdiction of a magistrate judge, the consent clerk will file the

Consent Form.

(d) Case Assignment After the Relevant Parties Consent or Decline to Consent.

(1) Consent Obtained.

(A) Case Assigned to a Magistrate Judge. In a case initially assigned to a

magistrate judge in which the relevant parties consent, the Clerk’s

Office will assign the case to the magistrate judge as the presiding

judge.

(B) Case Assigned to a District Judge. In a case initially assigned to a

district judge, but eligible to have a magistrate judge preside after

consent, in which the relevant parties consent, the Clerk’s Office

will assign the case to:

(i) the referred magistrate judge; or

(ii) a randomly selected magistrate judge if one has not been

referred.

(2) Consent not Obtained.

(A) Case Assigned to a Magistrate Judge. In a case initially assigned to a

magistrate judge under section 72-3(b)(1)(A) or (B) in which consent

is not obtained, the Clerk’s Office will randomly assign the case to a

district judge and, unless a district judge directs otherwise, enter an

automatic referral under 28 U.S.C. § 636(b)(1)(B) to the magistrate

judge who was initially assigned. In all other cases initially assigned

to a magistrate judge in which consent is not obtained, the Clerk’s

Office will randomly assign the case to a district judge and, unless

the district judge directs otherwise, enter an automatic referral

under 28 U.S.C. § 636(b)(1)(A) to the magistrate judge who was

initially assigned.

(B) Case Assigned to a District Judge. In a case initially assigned to a

district judge, in which consent is not obtained, the case remains

assigned to the district judge. Any existing referral to a magistrate

judge is unaffected.

(e) Confidentiality.

A party may decline to consent without negative consequences. If any party

declines to consent or fails to timely return the Consent Form, the identity of that

party will not be communicated to any judge.

(f) Authority of the Magistrate Judge Pending Consent.

Until all relevant parties consent, a magistrate judge’s assignment as presiding

judge is a referral from the Chief Judge under 28 U.S.C. § 636(b)(1)(B).