Rule 73.Magistrate Judges: Trial by Consent; Appeal

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 73 lets the parties, with their consent, have a magistrate judge conduct all proceedings in a civil case and enter final judgment, with any appeal taken directly to the court of appeals as from any district-court judgment.

Full Text of Rule 73

Text sizeJump to: (a) (b) (c)

(a) Trial by Consent. When authorized under 28 U.S.C. § 636(c), a magistrate judge may, if all parties consent, conduct a civil action or proceeding, including a jury or nonjury trial. A record must be made in accordance with 28 U.S.C. § 636(c)(5).

(b) Consent Procedure.

(1) In General. When a magistrate judge has been designated to conduct civil actions or proceedings, the clerk must give the parties written notice of their opportunity to consent under 28 U.S.C. § 636(c). To signify their consent, the parties must jointly or separately file a statement consenting to the referral. A district judge or magistrate judge may be informed of a party's response to the clerk's notice only if all parties have consented to the referral.

(2) Reminding the Parties About Consenting. A district judge, magistrate judge, or other court official may remind the parties of the magistrate judge's availability, but must also advise them that they are free to withhold consent without adverse substantive consequences.

(3) Vacating a Referral. On its own for good cause—or when a party shows extraordinary circumstances—the district judge may vacate a referral to a magistrate judge under this rule.

(c) Appealing a Judgment. In accordance with 28 U.S.C. § 636(c)(3), an appeal from a judgment entered at a magistrate judge's direction may be taken to the court of appeals as would any other appeal from a district-court judgment.

End

Amendment History

(Former Rule 73 abrogated December 4, 1967, effective July 1, 1968; new Rule 73 adopted April 28, 1983, effective August 1, 1983; amended March 2, 1987, effective August 1, 1987; April 22, 1993, effective December 1, 1993; April 11, 1997, effective December 1, 1997; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Beyond handling pretrial matters, a magistrate judge can run an entire civil case — but only if the parties agree. Under Rule 73, when a magistrate judge is authorized to do so and the parties consent, the magistrate judge may conduct all proceedings, including a jury or bench trial, and enter a final judgment.

The rule protects the choice as a voluntary one: the clerk must notify the parties that they may consent, and a party is free to withhold consent without adverse consequences, with the decision communicated so the judge does not know who declined. An appeal from a judgment entered by a consenting magistrate judge goes directly to the court of appeals, exactly as it would from a district judge’s judgment.

Frequently Asked Questions

Can a magistrate judge decide an entire civil case?

Yes, if a magistrate judge is authorized and all parties consent; the magistrate judge may conduct the trial and enter final judgment (Rule 73(a)).

Does the judge find out if a party refuses to consent to a magistrate judge?

No. A party can withhold consent without adverse consequences, and the decision is communicated so the assigned judge does not learn who declined.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 73), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 73Fed. R. Civ. P. 73magistrate judge trial by consentconsent to a magistrate judge