Rule 73 — Magistrate Judges: Trial by Consent; Appeal

Fed. R. Civ. P. 73

• Source: Federal Rules of Civil Procedure
• Rule: 73
• TITLE IX: SPECIAL PROCEEDINGS
• Citation: Fed. R. Civ. P. 73

Text

(a) TRIAL BY CONSENT. When authorized under 28 U.S.C. §636(c),
a magistrate judge may, if all parties consent, conduct a civil ac-
tion or proceeding, including a jury or nonjury trial. A record
must be made in accordance with 28 U.S.C. §636(c)(5).
(b) CONSENTPROCEDURE.
(1) In General. When a magistrate judge has been designated
to conduct civil actions or proceedings, the clerk must give
the parties written notice of their opportunity to consent
under 28 U.S.C. §636(c). To signify their consent, the parties
must jointly or separately file a statement consenting to the
referral. A district judge or magistrate judge may be informed
of a party’s response to the clerk’s notice only if all parties
have consented to the referral.
(2) Reminding the Parties About Consenting. A district judge,
magistrate judge, or other court official may remind the par-
ties of the magistrate judge’s availability, but must also ad-
vise them that they are free to withhold consent without ad-
verse substantive consequences.
(3) Vacating a Referral. On its own for good cause—or when
a party shows extraordinary circumstances—the district judge
may vacate a referral to a magistrate judge under this rule.
(c) APPEALING A JUDGMENT. In accordance with 28 U.S.C.
§636(c)(3), an appeal from a judgment entered at a magistrate
judge’s direction may be taken to the court of appeals as would
any other appeal from a district-court judgment.

Advisory Committee Notes

(As added Apr. 28, 1983, eff. Aug. 1, 1983; amended Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 30, 2007, eff. Dec. 1, 2007.)