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West Virginia Consent to Jurisdiction by a Magistrate Judge (L R Civ P 73.1)

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West Virginia
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WV-SKU-0144
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Consent to Jurisdiction by a Magistrate Judge (L R Civ P 73.1)

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West Virginia has two federal district courts, which are the U.S. District Courts for the Northern and Southern Districts of West Virginia.

(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) 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.

While District Judges can hear any matter falling within the District Court's broad jurisdiction, the duties of a Magistrate Judge vary from district to district. Magistrate Judges may be authorized to preside in almost every type of federal trial proceeding except for felony cases.

A district judge or magistrate judge shall not be informed of a party's response to the clerk's notification, unless all parties have consented to the referral of the matter to a magistrate judge.

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To signify their consent to the jurisdiction of the magistrate judge the parties must jointly file a statement consenting to the reassignment. The Court may order the parties to mediate and the parties may agree to mediate voluntarily.Pursuant to LR Civ P 16. This paragraph modifies Federal Rule of Civil Procedure 73(c) and. (d) to reflect the availability of judicial review and appeal of a hearing commissioner's. R. Civ. Of Code of Civil Procedure section 403. In accordance with the provisions of 28 U.S.C. 636(c) and Fed. As a refresher in federal civil procedure, a defendant may remove an action from state to federal court if a federal question exists, i.e.

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West Virginia Consent to Jurisdiction by a Magistrate Judge (L R Civ P 73.1)