Page:United States Statutes at Large Volume 93.djvu/675

 PUBLIC LAW 96-82—OCT. 10, 1979

93 STAT. 643

Public Law 96-82 96th Congress

An Act To improve access to the Federal courts by enlarging the civil and criminal jurisdiction of United States magistrates, and for other purposes.

Oct. 10, 1979 [S. 237]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Federal Magistrate Act cited as the "Federal Magistrate Act of 1979". SEC. 2. Section 636 of title 28, United States Code, is amended— of 1979. 631 note. 28 USC (1) by redesignating subsections (c) through (f) thereof as subsections (d) through (g), respectively; and (2) by inserting immediately after subsection (b) thereof the following new subsection: "(c) Notwithstanding any provision of law to the contrary— "(1) Upon the consent of the parties, a full-time United States magistrate or a part-time United States magistrate who serves as a full-time judicial officer may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or courts he serves. Upon the consent of the parties, pursuant to their specific written request, any other part-time magistrate may exercise such jurisdiction, if such magistrate meets the bar membership requirements set forth in section 631(b)(l) and the chief judge of the district court certifies 28 USC 631 that a full-time magistrate is not reasonably available in accordance with guidelines established by the judicial council of the circuit. When there is more than one judge of a district court, designation under this paragraph shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. "(2) If a magistrate is designated to exercise civil jurisdiction under paragraph (1) of this subsection, the clerk of court shall, at the time the action is filed, notify the parties of their right to consent to the exercise of such jurisdiction. The decision of the parties shall be communicated to the clerk of court. Thereafter, neither the district judge nor the magistrate shall attempt to persuade or induce any party to consent to reference of any civil matter to a magistrate. Rules of court for the reference of civil matters to magistrates shall include procedures to protect the voluntariness of the parties' consent. "(3) Upon entry of judgment in any case referred under Appeal, paragraph (1) of this subsection, an aggrieved party may appeal directly to the appropriate United States court of appeals from the judgment of the magistrate in the same manner as an appeal from any other judgment of a district court. In this circumstance, the consent of the parties allows a magistrate designated to exercise civil jurisdiction under paragraph (1) of this subsection to direct the entry of a judgment of the district court in accordance with the Federal Rules of Civil Procedure. Nothing in this paragraph shall be construed as a limitation of any party's right to seek review by the Supreme Court of the United States.

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