United States District Court, Central District of California

Local Rules

Rule Name:Chapter:Last Revised:
F.R.Civ.P. 73. Magistrate Judges; Trial by Consent and Appeal Options (Effective 1/1/10)Chapter I: Local Civil Rules, Integrated with Titles of Federal Rules of Civil Procedure01/2010

F.R.Civ.P. 73. Magistrate Judges; Trial by Consent and Appeal Options

L.R. 73-1 Authorization. Any full-time Magistrate Judge may exercise the authority provided by Title 28, U.S.C. § 636(c), and may conduct any or all proceedings, including a jury or non-jury trial, in a civil case.

L.R. 73-2 Direct Assignment of Cases to Magistrate Judge.1

L.R. 73-2.1 Notice. When a case is assigned initially only to a magistrate judge, the Clerk shall provide a Notice and Consent Form to the initiating party advising the parties that they may consent to have the assigned magistrate judge conduct all further proceedings in the case, including the entry of final judgment. The Notice shall advise the parties that they may consent to proceed only before the assigned magistrate judge. The initiating party must serve the Notice and Consent Form on each party at the time of service of the summons and complaint or other initial pleading.

L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint.

L.R. 73-2.3 Execution of Statement of Consent. If the parties agree to the exercise of jurisdiction by the magistrate judge, all counsel and any party appearing pro se shall jointly or separately execute and file a statement of consent setting forth such election.

L.R. 73-2.4 Filing of Statement of Consent. If all parties execute and file a statement of consent, the magistrate judge will preside over the case for all purposes, including trial and entry of final judgment as provided by 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73(b). Appeal from a final 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.

L.R. 73-2.4.1 Cases Originally Filed in District Court.2 Except as provided in L.R. 73-2.4.1.1, a case originally filed in District Court and initially assigned only to a magistrate judge shall be randomly reassigned to a district judge if any defendant has not filed a statement of consent within 30 days after service of the summons and complaint upon that defendant, if the plaintiff has not filed a statement of consent within 30 days after service upon the first-served defendant, if any party applies for a temporary restraining order, or if any party makes a motion that the magistrate judge concludes cannot be decided by the magistrate judge and must be addressed before the period for consent expires.

L.R. 73-2.4.1.1 Exception for United States, its Agencies, Officers and Employees.3 If the United States, an agency of the United States, or an officer or employee of the United States is a defendant, a case originally filed in District Court and initially assigned only to a magistrate judge shall be randomly reassigned to a district judge if the government defendant has not filed a statement of consent within 60 days after service of the summons and complaint upon that defendant, if any party applies for a temporary restraining order, or if any party makes a motion that the magistrate judge concludes cannot be decided by the magistrate judge and must be addressed before the period for consent expires.

L.R. 73-2.4.2 Cases Removed from State Court.4 A case initially assigned only to a magistrate judge following removal under 28 U.S.C. § 1441 et seq. shall be randomly reassigned to a district judge if, within 11 days after the notice of removal is filed, plaintiff(s) and all defendants upon whom service has been effected have not filed a statement of consent, if any party applies for a temporary restraining order, or if any party makes a motion that the magistrate judge concludes cannot be decided by the magistrate judge and must be addressed before the period for consent expires.

L.R. 73-2.5 Party Added After Election to Proceed Before Magistrate Judge. If a party is added to the case after all previous parties have elected to proceed before a magistrate judge, the newly-added party may file a statement of consent within 30 days after the order allowing intervention, or after service of the summons and appropriate pleading. If the newly-added party does not file a statement of consent within this period, the case shall be randomly reassigned to a district judge for further proceedings.

L.R. 73- 2.6 Discovery Assignment. For any case which is originally assigned only to a magistrate judge and then later reassigned to a district judge, a magistrate judge shall be randomly assigned to hear all referred discovery matters.

L.R. 73-3 Consent in Cases Assigned for Report and Recommendation.5 In any case assigned to a district judge and referred to a magistrate judge, pursuant to 28 U.S.C. §636(b), for a report and recommendation, the parties may, at any time prior to the entry of judgment, consent that the assigned magistrate judge may handle the case for all purposes. Upon the filing of the appropriate consent forms, the Clerk will reassign the case solely to the magistrate judge.


1(73-2 et seq., new, effective 1/2/09)
2(73-2.4.1 amended, effective 2/16/09; amended, effective 1/1/10)
3(73-2.4.1.1 amended, effective 2/16/09; amended, effective 1/1/10)
4(73-2.4.2 amended, effective 1/1/10)
5(73-3 new, effective 2/16/09)