Magistrate Judges: Assignments of Matters

May 2023 Return to Table of Contents Local Civil Rules – U.S. District Court for the Eastern District of North Carolina (a) General. Upon filing, all civil cases shall be assigned by the clerk to a magistrate judge for the conduct of such discovery and pretrial conferences as are necessary and for the hearing and determination of all pretrial procedural and discovery motions, in accordance with Local Civil Rule 72.3(b). Where designated by a judge, the magistrate judge may conduct additional pretrial conferences, hear motions, and perform the duties set forth in Local Civil Rules 72.3(c), 72.3(d), 72.3(e), and 72.3(f). (b) Consent to Civil Trial Jurisdiction of Magistrate Judges.

(1) Where the parties consent to trial and disposition of a civil case by a magistrate judge, such case shall, with the approval of the assigned judge, be reassigned to a specially designated magistrate judge for the conduct of further proceedings and the entry of judgment pursuant to 28 U.S.C. § 636(c). Except as provided in subsection (2) of this rule, the magistrate judges of this court are specially designated to exercise consent jurisdiction under 28 U.S.C. § 636 (c). (2) A part-time magistrate judge not serving as a full-time judicial officer may exercise jurisdiction under 28 U.S.C. § 636(c) only if the parties consent to trial and disposition of the case by such magistrate judge, pursuant to the parties’ specific written request; the magistrate judge meets the bar membership requirements set forth in 28 U.S.C. § 631(b)(1); the chief district judge certifies that a full-time magistrate judge is not reasonably available in accordance with guidelines established by the Judicial Council of the Fourth Circuit; and the judge assigned to the case approves of its reassignment to the magistrate judge. (c) Reserving and Changing Assignments.

Nothing in these local rules shall preclude a judge from reserving any proceeding for conduct by a judge, rather than a magistrate judge. The judge, moreover, may by order modify the method of assigning proceedings to a magistrate judge as circumstances may warrant. May 2023 Return to Table of Contents Local Civil Rules – U.S. District Court for the Eastern District of North Carolina Page 64