TXND (November 2019) – Notice and Election Regarding Consent to Proceed Before a United States Magistrate Judge
TRIALS BY THE UNITED STATES MAGISTRATE JUDGE
In accordance with 28 U.S.C. § 636(c)(1) and Fed. R. Civ. P. 73(b), upon consent of all parties in a civil
case, the district judge may enter an order reassigning the civil case to a magistrate judge. Miscellaneous Order
No. 6 of the Northern District of Texas provides that it is the plaintiff's obligation to attach a copy of this notice
to the complaint and summons, when served.
NOTICE OF RIGHT TO CONSENT TO PROCEED
BEFORE A UNITED STATES MAGISTRATE JUDGE
The Court has experienced, competent, and hard-working magistrate judges who are available to try jury
and non-jury civil cases pursuant to 28 U.S.C. § 636(c). Consent to proceedings before a magistrate judge may
allow you to expedite the handling of your case.
You may consent to the exercise of civil jurisdiction over your case by a magistrate judge. If all parties
involved in your case consent, the presiding district judge may reassign your case to a magistrate judge.
Your decision to consent to the reassignment of your case to a magistrate judge, or not to consent, is
entirely voluntary and without any adverse consequences if you choose not to consent. Your decision should be
communicated to the clerk of the district court using Notice and Election Regarding Consent to Proceed Before
a United States Magistrate form. A district judge or magistrate judge will not be informed of any party's
decision unless all parties have consented to the reassignment of the matter to a magistrate judge.
Even if all parties consent to the exercise of civil jurisdiction by a magistrate judge, the district judge
may choose not to enter an order reassigning the case to a magistrate judge. However, if the district judge
reassigns your case to the magistrate judge, the magistrate judge is then authorized to conduct any or all
proceedings in the case, including a jury or non-jury trial, and order the entry of a final judgment. Upon entry of
judgment by the magistrate judge in any case transferred under 28 U.S.C. § 636(c)(1), 28 U.S.C. § 636(c)(3)
provides that "an aggrieved party may appeal directly to the appropriate United States court of appeals from the
judgment of the magistrate judge in the same manner as an appeal from any other judgment of a district court."
SUBMITTING YOUR CONSENT ELECTRONICALLY
If you are a registered electronic filer in the Northern District of Texas, you may complete the online form
available in the court’s ECF system under Civil Events, Other Filings. Please note that this submission is not
treated as a filing in ECF, so the consent form will not appear on the docket sheet. Non-ECF filers may access
the form on the court’s website at www.txnd.uscourts.gov, Forms, Civil or request a paper copy from any of the
clerk's seven divisional offices.
