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§636(c)(4) offers parties who consent to the exercise of civil jurisdiction by a magistrate an alternative appeal route to that provided in subdivision (c) of this rule. §636(c)(3), the normal route of appeal from the judgment of a magistrate-the only route that will be available unless the parties otherwise agree in advance-is an appeal by the aggrieved party “directly to the appropriate United States court of appeals from the judgment of the magistrate in the same manner as an appeal from any other judgment of a district court.” The quoted statutory language indicates Congress’ intent that the same procedures and standards of appealability that govern appeals from district court judgments govern appeals from magistrates’ judgments.
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§636(c)(6) for vacating a reference to the magistrate.
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The last paragraph of subdivision (b) reiterates the provision in 28 U.S.C. However, flexibility at the local level is preserved in that local rules will determine how notice shall be communicated to the parties, and local rules will specify the time period within which an election must be made. The rule opts for a uniform approach in implementing the consent provision by directing the clerk to notify the parties of their opportunity to elect to proceed before a magistrate and by requiring the execution and filing of a consent form or forms setting forth the election. §636(c)(2) and is designed to ensure that neither the judge nor the magistrate attempts to induce a party to consent to reference of a civil matter under this rule to a magistrate. This subdivision implements the blind consent provision of 28 U.S.C. §636(c)(1) and this rule, it is unnecessary to amend Rule 58 to provide that the decision of a magistrate is a “decision by the court” for the purposes of that rule and a “final decision of the district court” for purposes of 28 U.S.C. A hearing on contempt is to be conducted by the district judge upon certification of the facts and an order to show cause by the magistrate. The only exception to a magistrate's exercise of civil jurisdiction, which includes the power to conduct jury and nonjury trials and decide dispositive motions, is the contempt power. §636(c)(1) by the district court or courts he serves. In order to exercise this jurisdiction, a magistrate must be specially designated under 28 U.S.C. See McCabe, The Federal Magistrate Act of 1979, 16 Harv. §636(c), which permit a magistrate to sit in lieu of a district judge and exercise civil jurisdiction over a case, when the parties consent. This subdivision implements the broad authority of the 1979 amendments to the Magistrates Act, 28 U.S.C. Notes of Advisory Committee on Rules-1983 §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.
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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.
#Judicial consent free#
A district judge, magistrate judge, or other court official may remind the parties of the magistrate judge's availability, but must also advise them that they are free to withhold consent without adverse substantive consequences. (2) Reminding the Parties About Consenting. 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. To signify their consent, the parties must jointly or separately file a statement consenting to the referral. 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. A record must be made in accordance with 28 U.S.C. §636(c), a magistrate judge may, if all parties consent, conduct a civil action or proceeding, including a jury or nonjury trial.