Magistrate Judges - Consent Authority

U.S. District Court for the Northern District of Oklahoma

Rule Set: Local Rules of the U.S. District Court for the Northern District of Oklahoma

Rule: 73-1

Jurisdiction: NDOK

Bluebook Citation: N.D. Okla. L.R. 73-1

(a) Consent Authority. With the consent of the parties, each full-time magistrate judge appointed by this Court is specifically designated to exercise the authority and jurisdiction provided by 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, to conduct any or all proceedings in a jury or non-jury civil matter and to order the entry of judgment in the case. (b) Consenting to Magistrate Judge Jurisdiction. When a civil case, including a Social Security Case, is assigned to a district judge as the presiding officer, the parties may voluntarily consent to have the case referred to the magistrate judge assigned as the referral judge—either for trial or for consideration of a dispositive motion—at any time during the pendency of the case.

If the parties wish to consent to magistrate judge jurisdiction they shall jointly execute either the Consent to a Magistrate Judge for Trial Form (Form AO-85) or the Consent to Magistrate Judge for Dispositive Motion Form (Form AO-85a), available on the Court’s website, and shall submit the applicable form in compliance with the Procedure for Submitting Proposed Documents to the Court, available on the Court’s website. If one of the parties who wishes to consent is a pro se prisoner, the parties may submit separately executed consent forms. The parties’ consent will be effective, and the case will be reassigned to the magistrate judge, when the district judge signs the referral order. (c) Declining Magistrate Judge Jurisdiction.

When a civil case, including a Social Security Case, is directly assigned to a magistrate judge as the presiding officer at case opening, the Clerk of Court shall issue a Notice of Assignment of Case to a United States Magistrate Judge and Declination of Consent Form (Form CV-31). Any party who wishes to decline consent to proceed before the assigned magistrate judge shall comply with the instructions on the form and the Procedure for Declining Magistrate Judge Jurisdiction, available on the Court’s website. All parties are free to decline magistrate judge jurisdiction without adverse substantive consequences. The identity of any party declining magistrate judge jurisdiction will not be communicated to any judge.

If any party declines magistrate judge jurisdiction, the case will be randomly assigned to a district judge and the previously assigned magistrate judge will be directly assigned to the case as the referral judge. Northern District of Oklahoma Local Rules Page 61 of 90 Effective Date: 10/10/2024 LCvR78 – Hearing Motions; Submission on Briefs

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