United States District Court - Northern District of Illinois

General Rules

Rules 1.70 To 1.79 Duties And Powers Of Magistrates

Rule 1.72 Conduct Of Civil Proceedings By Magistrate Judges With Consent Of Parties

A. Notice of Availability of Magistrate Judge

Whenever a civil action is filed in this District, the clerk shall notify the parties of the availability of a magistrate judge to exercise jurisdiction. The form of such notice shall be approved by the Executive Committee. The clerk shall notify the parties in the following manner:

(1) Plaintiffs: Where there is only one plaintiff or where all of the plaintiffs are represented by the same attorney or firm of attorneys, by providing the person filing the complaint with one copy of the form for each plaintiff. Where there is more than one plaintiff and the same attorney does not represent all of the plaintiffs, by mailing a copy of the notice to each of the plaintiffs listed in the complaints at the address indicated, or where the complaint is filed by counsel, to the attorney or attorneys.

(2) Defendants: The plaintiff shall attach a copy of such notice to the copy of the complaint and summons that are to be served on each defendant. The clerk will provide the plaintiff with a sufficient number of copies of the notice in order that the plaintiff can comply with this rule.

B. Notification to Newly Joined Parties of Availability of Magistrate Judge

Whenever a party is added to a case the district judge or magistrate judge to whom the case is assigned will direct the clerk to mail to the additional party a notice of the availability of a magistrate judge to exercise jurisdiction. The direction to the clerk will specify a time limit by which the clerk is to notify the district judge or magistrate judge that the consent has or has not been filed. Where the consent is not filed within that time, the magistrate judge will promptly send the case the Executive Committee for reassignment to the calendar of the district judge to whom the case was previously assigned.

C. Consent Files: Notification to the District Judge

Consents filed by parties following notification under sections A and B of this Rule will be maintained by the clerk in a separate file until such time as consents have been filed by all parties or their counsel. Parties or attorneys representing parties in a given case may see only the consent filed by them or on their behalf. The clerk shall not reveal the contents of any consent form to any district judge or magistrate judge, unless all parties have consented to the reassignment to a magistrate judge. At such time as consents are filed by all of the parties, the clerk will notify the district judge to whom the case is assigned. The notice to the judge and the consents will be docketed and made part of the case file.

D. Reassignment to a United States Magistrate Judge

When a district judge is notified that all of the parties in a civil case assigned to that judge's calendar have filed consents to have a magistrate judge conduct any or all of the proceedings in that case, the district judge may transfer the case to the Executive Committee for reassignment to a magistrate judge pursuant to General Rule 2.41.

E. Entry of Consent Judgements by Magistrate Judges

A magistrate judge is authorized to enter a final judgment for a sum certain to which all the parties have consented in writing or a judgment of dismissal to which all of the parties have stipulated in writing, provided that the parties indicate their consent to the entry of the judgment by the magistrate judge either in writing or in open court at the time of the entry of the judgment.

F. Consent to Transfer Part of Proceeding

Parties may consent to the transfer of part of a proceeding to a magistrate judge to act pursuant to 28 U.S.C.§636(c). For example, the parties may consent to the transfer of a dispositive motion to a magistrate judge. Such consents shall be filed in the same manner as the consents for a transfer of the entire proceeding. Upon notification of the filing of such consents by the parties, the district judge may transfer that portion of the case covered by the consents for reassignment to the designated magistrate judge. Where such a reassignment is made, the case shall remain on the calendar of the district judge.