D. Vt. L.R. 73

(a) Direct Assignments. The clerk’s office is directed to assign a percentage of civil cases

directly to the magistrate judge, excluding bankruptcy appeals, cases filed pursuant to 28 U.S.C.

§§ 2254 and 2255 or challenging the conditions of confinement of prisoners, and cases seeking an

immediate temporary restraining order. The exact percentage of direct assignments shall be

determined periodically by the judges of the court.

(b) Notification. Notification of direct assignment will be given by service of the “Notice of

Assignment” form. The clerk’s office will return to the plaintiff sufficient copies of the form for

each party, which the plaintiff must then serve with the complaint. Each party must execute the

form, indicating their consent or objection, and return it to the clerk’s office.

(c) Voluntary Consent. Consent to assignment to the magistrate judge is strictly voluntary and

no adverse consequences of any kind will come to any attorney or party who objects to an

assignment. Return of the executed form to the clerk’s office is mandatory, however, whether the

party chooses to consent or object to the assignment.

(d) Objections. If any party objects to the assignment, the case will be reassigned to a district

judge and a new case will be directly assigned to the magistrate judge as a replacement.

(e) Magistrate Judge’s Authority. The magistrate judge will exercise all authority under 28

U.S.C. § 636(b) from the date the case is filed until all executed forms have been returned. Once

it is confirmed that all forms have been returned and there are no objections to the assignment, the

magistrate judge will exercise all authority pursuant to 28 U.S.C. § 636(c).

(f) Automatic Referrals to Magistrate Judge. Referral of any case or matter to the magistrate

judge is by court order, except actions arising under 28 U.S.C. §§ 2254 and 2255 or challenging

the conditions of confinement of prisoners.