A magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court. A magistrate judge exercises jurisdiction over matters assigned by statute as well as those delegated by the district judges. A full-time magistrate judge serves a term of eight years. Duties assigned to magistrate judges by district court judges may vary considerably from judge to judge and court to court.  See Questions and Answers About Magistrate Judges. More information about magistrate judges can be located in 28 U.S.C. § 631 and on the US Courts website.

Yes, even if a case is not assigned to a magistrate judge, a party may consent to magistrate judge jurisdiction in an eligible civil case. For a list of ineligible cases, please review General Orders 11-001 and 20-034.

A magistrate judge for the District of Utah may conduct any or all proceedings in an eligible civil case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge under 28 U.S.C. § 636(c) is permitted only if all parties voluntarily sign and return the Consent to the Jurisdiction of a Magistrate Judge Form (Consent Form). If the case is not assigned to a magistrate judge when opened, but eligible to have a magistrate judge preside over it, the Clerk’s Office will send the Consent Form to the parties. If the case is assigned to a magistrate judge when the case is opened, the Clerk's Office will also send the Consent Form to the parties. The parties must complete the Consent Form and return it to the consent clerk within 21 days. The Consent Form must not be filed in the case.

There are good reasons to consent to the jurisdiction of a magistrate judge. Magistrate judges have experience with nearly all types of civil matters, and their cases are usually resolved more quickly than cases before a district judge. A magistrate judge's trial dates are more certain because magistrate judges do not preside over felony criminal matters, which take priority over civil jury trials.
 

A party should return the Consent to the Jurisdiction of a Magistrate Judge Form (Consent Form) to the Clerk’s Office by emailing it to consents@utd.uscourts.gov or mailing it to the following address:

Orrin G. Hatch United States Courthouse
Attention: Consent Clerk
351 S. West Temple Street
Salt Lake City, Utah 84101

A party has 21 days after the Consent Form is sent to return it to the Clerk's Office. When a Consent Form has been received from each party indicating they want a magistrate judge to preside over the case, the form will be filed in the case and the case will be assigned to a magistrate judge. The parties may return one form for the case or may return individual forms, whichever process is easiest for the parties and attorneys.

No. Do not electronically file the Consent Form in the case. Please send the Consent Form to the consent clerk by emailing it to consents@utd.uscourts.gov or mailing it to the following address:

Orrin G. Hatch United States Courthouse
Attention: Consent Clerk
351 S. West Temple Street
Salt Lake City, Utah 84101

A party has 21 days after the Consent Form is sent to return it to the Clerk's Office. When a civil case is directly assigned to a magistrate judge at case opening, and a party fails to return the Consent Form or requests reassignment of the case to a district judge, the Clerk’s Office will  assign the case to a randomly selected district judge and automatically enter a referral to the same magistrate judge under 28 U.S.C. § 636(b)(1)(B) when the plaintiff does not have counsel or the case is a Social Security appeal. Parties are reminded that each district judge may, and regularly do, refer civil matters to the magistrate judges in this district under 28 U.S.C. § 636(b)(1)(A) or § 636(b)(1)(B) even if the parties do not consent to the jurisdiction of a magistrate judge.

In a case initially assigned to a district judge, in which consent to a magistrate judge is not obtained, the case remains assigned to the district judge. Any existing referral to a magistrate judge is unaffected.

When a party is added later to a case, after the existing parties have consented, the consent clerk will send the Consent Form to the newly added party. The newly added party will have 21 days after the clerk sends the Consent Form to return it to the Clerk’s Office. If the newly added party does not consent to the magistrate judge presiding over the case, the Clerk’s Office will randomly assign the case to a district judge and automatically enter a referral to the same magistrate judge under 28 U.S.C. § 636 (b)(1)(A) or the same referral the district judge previously entered.

No, each case that is eligible for assignment to a magistrate judge at case opening will be randomly assigned and may be assigned to a district judge, senior judge or magistrate judge. The case assignment deck will always have more district judge "cards" than senior judge or magistrate judge cards.

Yes, a party may, without adverse consequences, decline to consent. If any party does not consent, the Clerk’s Office will not communicate the party's identity to any judge assigned to the case.

No, a magistrate judge may not preside over trial and sentencing in criminal felony cases.

No. If any party does not consent, the Clerk’s Office will not communicate a party's identity to any judge assigned to the case. If a party requests case reassignment or fails to return the form, the Clerk’s Office will not docket the form in the case.

When a party fails to return the form, the case either will remain assigned or be reassigned to the district judge. Parties are reminded that each district judge may, and regularly do, refer civil matters to the magistrate judges in this district under 28 U.S.C. § 636(b)(1)(A) or § 636(b)(1)(B).

A magistrate judge may be involved in a civil case when a district judge enters a referral under 28 U.S.C. § 636. A referral is the process by which the presiding district judge directs a magistrate judge to handle a portion of the case. There are 2 types of referrals: an “A” and a “B.”

An “A” referral allows a magistrate judge to handle all pretrial, non-dispositive motions (e.g., discovery-related motions). “A” refers to the statute, 28 U.S.C. §636(b)(1)(A). A magistrate judge resolves these matters by a direct order. See also Fed R. Civ. P. 72(a).

A “B” referral allows a magistrate judge to handle all maters in a case, including dispositive motions. Dispositive refers to something (e.g., an order or agreement) that resolves a legal issue, claim, or controversy. “B” refers to the statute, 28 U.S.C. §636(b)(1)(B). A magistrate judge resolves dispositive matters (e.g., a motion for summary judgment or a motion to dismiss) by issuing a Report and Recommendation (also called a R&R) to the district judge. See also Fed R. Civ. P. 72(b). The district judge may accept, reject, or modify the R&R, or may remand the case to the magistrate judge for further action. A party may also object to the R&R and the district judge will review and consider the objection.