BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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Section 6 - Civil Proceedings

    6.08 Referrals To Magistrate Judges (Civil Matters) (FRC 72 and 73; 28 USC 636)

        6.08.1 Referrals To Magistrate Judges (Civil Matters): General Principles
        6.08.2 Referrals To Magistrate Judges (Civil Matters): Other Sources

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Listed below are duties in civil matters that may be referred to magistrate judges. Most districts have local rules or standing orders governing referrals to magistrate judges.

For a more comprehensive listing of the duties magistrate judges may perform, see the Inventory of United States Magistrate Judge Duties (December 1999). [Footnote 1] This inventory is available on request from the Magistrate Judges Division of the Administrative Office of the U.S. Courts and also appears in Chapter 3, "Jurisdiction," of the Legal Manual for United States Magistrate Judges, published by the Administrative Office.

A magistrate judge may conduct:

1. All phases of a civil case, with the written consent of the parties. [Footnote 2] 28 USC 636(c)(1); FRC 73. Appeal is to the court of appeals, as in any other civil case. 28 USC 636(c)(3); FRC 73(c). See generally supra section 6.01: Trial outline—civil. [Footnote 3]

2. Pretrial matters:

(a) A magistrate judge may conduct a Rule 16 pretrial conference and hear and determine nondispositive pretrial matters, such as discovery disputes and requests for bifurcation or consolidation. Upon timely objection by a party, a district court shall consider such objections and modify or set aside any portion of the magistrate judge’s order found to be clearly erroneous or contrary to law. 28 USC 636(b)(1)(A); FRC 72(a).

(b) A magistrate judge may hear and submit to the district court proposed findings of fact and recommended determinations of dispositive pretrial matters, such as summary judgment motions. A district court must make a de novo determination of those portions of proposed findings and recommendations to which the parties object. 28 USC 636(b)(1); Fed. R. Civ. P. 72(b).

See generally supra section 6.01: Trial outline—civil.

3. Voir dire, if the parties consent. 28 USC 636(c)(1); Stockler v. Garratt, 974 F.2d 730 (6th Cir. 1992); Olympia Hotels Corp. v. Johnson Wax Development Corp., 908 F.2d 1363 (7th Cir. 1990). See supra section 6.04: Standard voir dire questions—civil.

4. "[A]dditional duties [that] are not inconsistent with the Constitution and laws of the United States." 28 USC 636(b)(3). For examples of additional duties and case law on § 636(b)(3), see the Inventory of United States Magistrate Judge Duties at 112–40.

FOOTNOTES:

Footnote 1:    The Administrative Office also provides an on-line web page that summarizes more recent decisions and articles relating to the duties and authority of magistrate judges at http://jnet.ao.dcn/Judges/Magistrate_Judges/ Authority/Decisions.html.

Footnote 2:     The Supreme Court recently held that lack of written or express consent might not deprive the magistrate judge of jurisdiction—implied consent was sufficient in a case in which, after being informed of the right to trial before a district judge, a party voluntarily appeared before a magistrate judge and tried the case to conclusion. Roell v. Withrow, 123 S. Ct. 1696, 1700–04 (2003) (“although the specific referral procedures in 28 USC 636(c)(2) and Federal Rule of Civil Procedure 73(b) are by no means just advisory, the text and structure of the section as a whole suggest that a defect in the referral to a full-time magistrate judge under § 636(c)(2) does not eliminate that magistrate judge’s ‘civil jurisdiction’ under § 636(c)(1) so long as the parties have in fact voluntarily consented”). However, the Benchbook Committee believes that Roell is an unusual case and strongly recommends that written consent be obtained before proceeding. 

Footnote 3:    For an illustrative consent form and order of reference to a magistrate judge, see Civil Litigation Management Manual (Judicial Conference of the United States 2001), Sample Forms 50–53, at 388–94.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Civil Litigation Management Manual 119–22 (Judicial Conference of the United States 2001)

Manual for Complex Litigation, Fourth 117 (2004)