Tuesday, January 21, 2025

Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

Procedures for consenting to Magistrate Judge jurisdiction in civil cases filed on or after March 4, 2025, will be governed by 2025-2 In Re Consent to Magistrate Judge Jurisdiction Pursuant to 28 USC 636.pdf , which implements an opt-out consent procedure in cases randomly assigned to a Magistrate Judge. Cases within a Magistrate Judge’s jurisdiction are likely to proceed to trial more quickly than cases assigned to a District Judge, who must preside over felony criminal trials.   

When Standing Order 2025-2 takes effect, consent procedures will differ depending on whether a case is randomly assigned to a full-time Magistrate Judge, a part-time Magistrate Judge, or a District Judge.

If your case is initially assigned to a full-time Magistrate Judge, consent to Magistrate Judge jurisdiction will be presumed. If you do not want a Magistrate Judge to make the final determination in your case, then you must file a declination of consent form to opt out. After all parties have appeared in the case, the court will set a deadline by which the parties must file the form. If no forms are filed by the deadline, the parties are presumed to have knowingly and voluntarily consented to Magistrate Judge jurisdiction. 

Consent procedures in cases randomly assigned to District Judges and the part-time Magistrate Judge (Hon. Andrew Hallman) will remain unchanged.

If your case is assigned to a District Judge, consent is not presumed, and the Court will issue a Consent to Magistrate Judge Jurisdiction form. File this form if you wish to consent to Magistrate Judge jurisdiction in your case. If all parties consent by submitting the form, then the case will be randomly reassigned to a Magistrate Judge.

If your case is assigned to a part-time Magistrate Judge, consent is not presumed, and the Court will issue a Consent to Magistrate Judge Jurisdiction form. File this form if you wish to consent to the jurisdiction of the part-time Magistrate Judge assigned to your case.

The information above does not apply to cases seeking review of the decision of the Commissioner of Social Security under 42 U.S.C. § 405. Magistrate Judge consent in those cases is governed by Standing Order 2024-1. 

For more information about Magistrate Judge consent under Standing Order 2025-2, follow this link to Frequently Asked Questions.