ASSIGNMENT OF CIVIL CASES TO A MAGISTRATE JUDGE UPON THE CONSENT OF THE PARTIES

A civil case may be conditionally assigned to a magistrate judge or reassigned from a district judge to a magistrate judge under 28 U.S.C. § 636(c) for any and all proceedings in a jury or non-jury matter, including pretrial, trial, and post-trial motions, and ordering the entry of judgment. Before a magistrate judge can exercise jurisdiction over a civil case, all parties must sign a written consent to proceed before the magistrate judge.

(a) Notice. The Clerk of Court will notify the parties in all civil cases that they may consent to have a Magistrate Judge conduct all proceedings in the case and order the entry of a final judgment, as follows:

1)  Habeas corpus cases: At the time the action is conditionally filed, the Clerk of Court will send a Notice of Assignment to a United States Magistrate Judge and Declination of Consent Form ("Notice of Assignment") to the petitioner and to the Idaho Attorney General, or such other attorney as may be appropriate, on behalf of all named respondents. 

2)  Non-habeas corpus prisoner and in forma pauperis civil cases: The Clerk of Court will send either a Notice of Assignment or a Notice of Availability of a United States Magistrate Judge and Consent Form ("Notice of Availability") to each party remaining after the screening order is completed and a presiding judge is designated for the case.

3)  All other civil cases: The Clerk of Court will send either a Notice of Assignment or a Notice of Availability to each party.

4)  If parties are added to the case after all existing parites have consented to proceed before a Magistrate Judge, the Clerk of Courtwill send a Notice of Assignment to each new party upon appearance of the party added.

(b) Return of Consent and Declination of Consent Forms, Voluntariness, and Confidentiality.

1)  Consent Forms: When a case is initially assigned to a District Judge, any party, or any attorney on behalf of a party, consenting to proceed before a United States Magistrate Judge must return the signed consent form to the Clerk of Court by e-mailing it in .pdf format to the following address: consents@id.uscourts.gov (or by mail if a pro se litigant does not  have electronic mail capabilities). The Clerk of Court will keep custody of all consent forms under seal until it is determined whether all parties have consented to proceed before a Magistrate Judge. If not all parties consent, any consent forms emailed to the Clerk of Court will remain sealed, and the case will remain with a District Judge. If all parties consent, the  Clerk of Court will file and docket the consent forms, and the case will be reassigned to a Magistrate Judge. Parties are free to withhold their consent without adverse consequences, and the Clerk of Court will take reasonable steps to ensure            confidentiality of consents.

2)  Declination of Consent Forms: When a case is initially assigned to a Magistrate Judge, each party will be deemed to have    knowingly and voluntarily consented to proceed before the assigned Magistrate Judge UNLESS a party emailed a declination of consent form to the Clerk of Court. Any party, or any attorney on behalf of a party, declining consent to proceed before a United States Magistrate Judge must return the signed declination of consent form to the Clerk of Court by e-mailing it in .pdf format to the following address: consents@id.uscourts.gov (or by mail if a pro se litigant does not have electronic mail capabilities). If any party emails a declination of consent form to the Clerk of Court, the form will remain sealed, and the Clerk of Court will reassign the case to a District Judge. Parties are free to email a declination of consent form without adverse consequences, and the Clerk of Court will take reasonable steps to ensure confidentiality.

RELATED AUTHORITY

General Order No. 457
General Order No. 422
General Order No. 324
28 U.S.C. § 636