Title 28 — Judiciary and Judicial Procedure — § 636. Jurisdiction, powers, and temporary assignment
Summary
Pages 310 to 314 of Title 28 of the United States Code, printing § 636, Jurisdiction, powers, and temporary assignment, with its notes, and parts of § 637, Training, and § 638, Dockets and forms. Section 636(a) gives each United States magistrate judge the powers conferred on United States commissioners, the power to administer oaths, issue orders under section 3142 of title 18 on release or detention pending trial, conduct trials under section 3401, title 18, and enter sentences for petty offenses and, where the parties consent, class A misdemeanors. Subsection (b)(1)(A) lets a judge designate a magistrate judge to hear and determine any pretrial matter, except listed motions such as one for injunctive relief. Another subsection allows a magistrate judge to conduct civil proceedings upon the consent of the parties.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 636 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 310
ties for such magistrate judge in another build- § 636. Jurisdiction, powers, and temporary as-
ing, but only if such request has been approved signment
as necessary by the judicial council of the ap-
propriate circuit. (a) Each United States magistrate judge serv-
(b) Under such regulations as the Director ing under this chapter shall have within the dis-
shall prescribe with the approval of the con- trict in which sessions are held by the court
ference, the Director shall reimburse part-time that appointed the magistrate judge, at other
magistrate judges for actual expenses nec- places where that court may function, and else-
essarily incurred by them in the performance of where as authorized by law—
(1) all powers and duties conferred or im-
their duties under this chapter. Such reimburse-
ment may be made, at rates not exceeding those posed upon United States commissioners by
prescribed by such regulations, for expenses in- law or by the Rules of Criminal Procedure for
curred by such part-time magistrate judges for the United States District Courts;
clerical and secretarial assistance, stationery, (2) the power to administer oaths and affir-
telephone and other communications services, mations, issue orders pursuant to section 3142
travel, and such other expenses as may be deter- of title 18 concerning release or detention of
mined to be necessary for the proper perform- persons pending trial, and take acknowledge-
ments, affidavits, and depositions;
ance of the duties of such officers: Provided, how-
ever, That no reimbursement shall be made for (3) the power to conduct trials under section
all or any portion of the expense incurred by 3401, title 18, United States Code, in con-
such part-time magistrate judges for the pro- formity with and subject to the limitations of
curement of office space. that section;
(4) the power to enter a sentence for a petty
(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, offense; and
title I, § 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. (5) the power to enter a sentence for a class
96–82, § 8(a), Oct. 10, 1979, 93 Stat. 646; Pub. L. A misdemeanor in a case in which the parties
101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) have consented.
HISTORICAL AND REVISION NOTES (b)(1) Notwithstanding any provision of law to
Prior section 663.—Based on title 28, U.S.C., 1940 ed., the contrary—
§§ 597, 597a, 597b, 597c (May 28, 1896, ch. 252, §§ 21, 24, 29 (A) a judge may designate a magistrate
Stat. 184, 186; Aug. 1, 1946, ch. 721, §§ 1–4, 60 Stat. 752, judge to hear and determine any pretrial mat-
753). ter pending before the court, except a motion
The provision of section 597c of title 28, U.S.C., 1940 for injunctive relief, for judgment on the
ed., excepting commissioners in the Territory of Alas- pleadings, for summary judgment, to dismiss
ka was omitted as unnecessary since this exception is or quash an indictment or information made
implicit in the revised section. The words ‘‘in each ju-
by the defendant, to suppress evidence in a
dicial district’’ limit the section to the commissioners
in the districts enumerated in chapter 5 which includes criminal case, to dismiss or to permit mainte-
Hawaii, Puerto Rico, and District of Columbia but nance of a class action, to dismiss for failure
omits Alaska, Canal Zone, [Guam] and Virgin Islands. to state a claim upon which relief can be
Salaries of park commissioners are provided by sec- granted, and to involuntarily dismiss an ac-
tion 634 of this title. tion. A judge of the court may reconsider any
Changes were made in phraseology. pretrial matter under this subparagraph (A)
where it has been shown that the magistrate
Editorial Notes judge’s order is clearly erroneous or contrary
AMENDMENTS
to law.
(B) a judge may also designate a magistrate
1979—Subsec. (a). Pub. L. 96–82 inserted reference to judge to conduct hearings, including evi-
the compensation of such legal assistants as the Judi- dentiary hearings, and to submit to a judge of
cial Conference, on the basis of the recommendations of
the judicial councils of the circuits, considers nec-
the court proposed findings of fact and rec-
essary. ommendations for the disposition, by a judge
1968—Pub. L. 90–578 substituted provisions relating to of the court, of any motion excepted in sub-
expenses for provisions prescribing residence for park paragraph (A), of applications for posttrial 1
commissioners. See section 631(b)(3) of this title. relief made by individuals convicted of crimi-
nal offenses and of prisoner petitions chal-
Statutory Notes and Related Subsidiaries lenging conditions of confinement.
(C) the magistrate judge shall file his pro-
CHANGE OF NAME
posed findings and recommendations under
Words ‘‘magistrate judges’’ and ‘‘magistrate judge’’ subparagraph (B) with the court and a copy
substituted for ‘‘magistrates’’ and ‘‘magistrate’’, re- shall forthwith be mailed to all parties.
spectively, wherever appearing in text pursuant to sec-
tion 321 of Pub. L. 101–650, set out as a note under sec- Within fourteen days after being served with a
tion 631 of this title. copy, any party may serve and file written ob-
jections to such proposed findings and rec-
EFFECTIVE DATE OF 1968 AMENDMENT
ommendations as provided by rules of court. A
Amendment by Pub. L. 90–578 effective Oct. 17, 1968, judge of the court shall make a de novo deter-
except when a later effective date is applicable, which mination of those portions of the report or spec-
is the earlier of date when implementation of amend- ified proposed findings or recommendations to
ment by appointment of magistrates [now United
which objection is made. A judge of the court
States magistrate judges] and assumption of office
takes place or third anniversary of enactment of Pub. may accept, reject, or modify, in whole or in
L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L.
90–578, set out as a note under section 631 of this title. 1 So in original. Probably should be ‘‘post-trial’’.
Page 311 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 636
part, the findings or recommendations made by ignated to exercise civil jurisdiction under
the magistrate judge. The judge may also re- paragraph (1) of this subsection to direct the
ceive further evidence or recommit the matter entry of a judgment of the district court in ac-
to the magistrate judge with instructions. cordance with the Federal Rules of Civil Pro-
(2) A judge may designate a magistrate judge cedure. Nothing in this paragraph shall be con-
to serve as a special master pursuant to the ap- strued as a limitation of any party’s right to
plicable provisions of this title and the Federal seek review by the Supreme Court of the
Rules of Civil Procedure for the United States United States.
district courts. A judge may designate a mag- (4) The court may, for good cause shown on
istrate judge to serve as a special master in any its own motion, or under extraordinary cir-
civil case, upon consent of the parties, without cumstances shown by any party, vacate a ref-
regard to the provisions of rule 53(b) of the Fed- erence of a civil matter to a magistrate judge
eral Rules of Civil Procedure for the United under this subsection.
States district courts. (5) The magistrate judge shall, subject to
(3) A magistrate judge may be assigned such guidelines of the Judicial Conference, deter-
additional duties as are not inconsistent with mine whether the record taken pursuant to
the Constitution and laws of the United States. this section shall be taken by electronic sound
(4) Each district court shall establish rules recording, by a court reporter, or by other
pursuant to which the magistrate judges shall means.
discharge their duties. (d) The practice and procedure for the trial of
(c) Notwithstanding any provision of law to cases before officers serving under this chapter
the contrary— shall conform to rules promulgated by the Su-
(1) Upon the consent of the parties, a full- preme Court pursuant to section 2072 of this
time United States magistrate judge or a part- title.
time United States magistrate judge who (e) CONTEMPT AUTHORITY.—
serves as a full-time judicial officer may con- (1) IN GENERAL.—A United States magistrate
duct any or all proceedings in a jury or judge serving under this chapter shall have
nonjury civil matter and order the entry of within the territorial jurisdiction prescribed
judgment in the case, when specially des- by the appointment of such magistrate judge
ignated to exercise such jurisdiction by the the power to exercise contempt authority as
district court or courts he serves. Upon the set forth in this subsection.
consent of the parties, pursuant to their spe- (2) SUMMARY CRIMINAL CONTEMPT AUTHOR-
cific written request, any other part-time ITY.—A magistrate judge shall have the power
magistrate judge may exercise such jurisdic- to punish summarily by fine or imprisonment,
tion, if such magistrate judge meets the bar or both, such contempt of the authority of
membership requirements set forth in section such magistrate judge constituting mis-
631(b)(1) and the chief judge of the district behavior of any person in the magistrate
judge’s presence so as to obstruct the adminis-
court certifies that a full-time magistrate
tration of justice. The order of contempt shall
judge is not reasonably available in accord-
be issued under the Federal Rules of Criminal
ance with guidelines established by the judi-
Procedure.
cial council of the circuit. When there is more (3) ADDITIONAL CRIMINAL CONTEMPT AUTHOR-
than one judge of a district court, designation ITY IN CIVIL CONSENT AND MISDEMEANOR
under this paragraph shall be by the concur- CASES.—In any case in which a United States
rence of a majority of all the judges of such magistrate judge presides with the consent of
district court, and when there is no such con- the parties under subsection (c) of this sec-
currence, then by the chief judge. tion, and in any misdemeanor case proceeding
(2) If a magistrate judge is designated to ex- before a magistrate judge under section 3401 of
ercise civil jurisdiction under paragraph (1) of title 18, the magistrate judge shall have the
this subsection, the clerk of court shall, at the power to punish, by fine or imprisonment, or
time the action is filed, notify the parties of both, criminal contempt constituting disobe-
the availability of a magistrate judge to exer- dience or resistance to the magistrate judge’s
cise such jurisdiction. The decision of the par- lawful writ, process, order, rule, decree, or
ties shall be communicated to the clerk of command. Disposition of such contempt shall
court. Thereafter, either the district court be conducted upon notice and hearing under
judge or the magistrate judge may again ad- the Federal Rules of Criminal Procedure.
vise the parties of the availability of the mag- (4) CIVIL CONTEMPT AUTHORITY IN CIVIL CON-
istrate judge, but in so doing, shall also advise SENT AND MISDEMEANOR CASES.—In any case in
the parties that they are free to withhold con- which a United States magistrate judge pre-
sent without adverse substantive con- sides with the consent of the parties under
sequences. Rules of court for the reference of subsection (c) of this section, and in any mis-
civil matters to magistrate judges shall in- demeanor case proceeding before a magistrate
clude procedures to protect the voluntariness judge under section 3401 of title 18, the mag-
of the parties’ consent. istrate judge may exercise the civil contempt
(3) Upon entry of judgment in any case re- authority of the district court. This paragraph
ferred under paragraph (1) of this subsection, shall not be construed to limit the authority
an aggrieved party may appeal directly to the of a magistrate judge to order sanctions under
appropriate United States court of appeals any other statute, the Federal Rules of Civil
from the judgment of the magistrate judge in Procedure, or the Federal Rules of Criminal
the same manner as an appeal from any other Procedure.
judgment of a district court. The consent of (5) CRIMINAL CONTEMPT PENALTIES.—The sen-
the parties allows a magistrate judge des- tence imposed by a magistrate judge for any
§ 636 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 312
criminal contempt provided for in paragraphs (g) A United States magistrate judge may per-
(2) and (3) shall not exceed the penalties for a form the verification function required by sec-
Class C misdemeanor as set forth in sections tion 4107 of title 18, United States Code. A mag-
3581(b)(8) and 3571(b)(6) of title 18. istrate judge may be assigned by a judge of any
(6) CERTIFICATION OF OTHER CONTEMPTS TO United States district court to perform the
THE DISTRICT COURT.—Upon the commission of verification required by section 4108 and the ap-
any such act— pointment of counsel authorized by section 4109
(A) in any case in which a United States of title 18, United States Code, and may perform
magistrate judge presides with the consent such functions beyond the territorial limits of
of the parties under subsection (c) of this the United States. A magistrate judge assigned
section, or in any misdemeanor case pro- such functions shall have no authority to per-
ceeding before a magistrate judge under sec- form any other function within the territory of
tion 3401 of title 18, that may, in the opinion a foreign country.
of the magistrate judge, constitute a serious (h) A United States magistrate judge who has
criminal contempt punishable by penalties retired may, upon the consent of the chief judge
exceeding those set forth in paragraph (5) of of the district involved, be recalled to serve as a
this subsection, or magistrate judge in any judicial district by the
(B) in any other case or proceeding under judicial council of the circuit within which such
subsection (a) or (b) of this section, or any district is located. Upon recall, a magistrate
other statute, where— judge may receive a salary for such service in
(i) the act committed in the magistrate accordance with regulations promulgated by the
judge’s presence may, in the opinion of the Judicial Conference, subject to the restrictions
magistrate judge, constitute a serious on the payment of an annuity set forth in sec-
criminal contempt punishable by penalties tion 377 of this title or in subchapter III of chap-
exceeding those set forth in paragraph (5) ter 83, and chapter 84, of title 5 which are appli-
of this subsection, cable to such magistrate judge. The require-
(ii) the act that constitutes a criminal ments set forth in subsections (a), (b)(3), and (d)
contempt occurs outside the presence of of section 631, and paragraph (1) of subsection (b)
the magistrate judge, or of such section to the extent such paragraph re-
(iii) the act constitutes a civil contempt, quires membership of the bar of the location in
the magistrate judge shall forthwith certify which an individual is to serve as a magistrate
the facts to a district judge and may serve or judge, shall not apply to the recall of a retired
cause to be served, upon any person whose be- magistrate judge under this subsection or sec-
havior is brought into question under this tion 375 of this title. Any other requirement set
paragraph, an order requiring such person to forth in section 631(b) shall apply to the recall of
appear before a district judge upon a day cer- a retired magistrate judge under this subsection
tain to show cause why that person should not or section 375 of this title unless such retired
be adjudged in contempt by reason of the facts magistrate judge met such requirement upon ap-
so certified. The district judge shall thereupon pointment or reappointment as a magistrate
hear the evidence as to the act or conduct judge under section 631.
complained of and, if it is such as to warrant (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578,
punishment, punish such person in the same title I, § 101, Oct. 17, 1968, 82 Stat. 1113; Pub. L.
manner and to the same extent as for a con- 92–239, §§ 1, 2, Mar. 1, 1972, 86 Stat. 47; Pub. L.
tempt committed before a district judge. 94–577, § 1, Oct. 21, 1976, 90 Stat. 2729; Pub. L.
(7) APPEALS OF MAGISTRATE JUDGE CONTEMPT 95–144, § 2, Oct. 28, 1977, 91 Stat. 1220; Pub. L.
ORDERS.—The appeal of an order of contempt 96–82, § 2, Oct. 10, 1979, 93 Stat. 643; Pub. L. 98–473,
under this subsection shall be made to the title II, § 208, Oct. 12, 1984, 98 Stat. 1986; Pub. L.
court of appeals in cases proceeding under sub- 98–620, title IV, § 402(29)(B), Nov. 8, 1984, 98 Stat.
section (c) of this section. The appeal of any 3359; Pub. L. 99–651, title II, § 201(a)(2), Nov. 14,
other order of contempt issued under this sec- 1986, 100 Stat. 3647; Pub. L. 100–659, § 4(c), Nov. 15,
tion shall be made to the district court. 1988, 102 Stat. 3918; Pub. L. 100–690, title VII,
(f) In an emergency and upon the concurrence § 7322, Nov. 18, 1988, 102 Stat. 4467; Pub. L. 100–702,
of the chief judges of the districts involved, a title IV, § 404(b)(1), title X, § 1014, Nov. 19, 1988,
United States magistrate judge may be tempo- 102 Stat. 4651, 4669; Pub. L. 101–650, title III,
rarily assigned to perform any of the duties §§ 308(a), 321, Dec. 1, 1990, 104 Stat. 5112, 5117; Pub.
specified in subsection (a), (b), or (c) of this sec- L. 104–317, title II, §§ 201, 202(b), 207, Oct. 19, 1996,
tion in a judicial district other than the judicial 110 Stat. 3848–3850; Pub. L. 106–518, title II, §§ 202,
district for which he has been appointed. No 203(b), Nov. 13, 2000, 114 Stat. 2412, 2414; Pub. L.
magistrate judge shall perform any of such du- 107–273, div. B, title III, § 3002(b), Nov. 2, 2002, 116
ties in a district to which he has been tempo- Stat. 1805; Pub. L. 109–63, § 2(d), Sept. 9, 2005, 119
rarily assigned until an order has been issued by Stat. 1995; Pub. L. 111–16, § 6(1), May 7, 2009, 123
the chief judge of such district specifying (1) the Stat. 1608.)
emergency by reason of which he has been trans- HISTORICAL AND REVISION NOTES
ferred, (2) the duration of his assignment, and (3)
the duties which he is authorized to perform. A Prior jurisdiction, powers, and procedure provisions in
section 632.—Based on sections 27, 66, 67, 68, 80f, 100, 117e,
magistrate judge so assigned shall not be enti- 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5,
tled to additional compensation but shall be re- 404c–5, and 408m of title 16, U.S.C., 1940 ed., Conserva-
imbursed for actual and necessary expenses in- tion (May 7, 1894, ch. 72, § 5, 28 Stat. 74; Apr. 20, 1904, ch.
curred in the performance of his duties in ac- 1400, § 6, 33 Stat. 188; Mar. 2, 1907, ch. 2516, §§ 1, 2, 34 Stat.
cordance with section 635. 1218; Mar. 3, 1911, ch. 230, 36 Stat. 1086; Mar. 3, 1911, ch.
Page 313 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 636
231, § 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, § 6, 38 Stat. Changes were made in phraseology.
700; June 30, 1916, ch. 197, § 6, 39 Stat. 245; Aug. 21, 1916,
ch. 368, § 6, 39 Stat. 523; June 2, 1920, ch. 218, §§ 7, 8, 41 Editorial Notes
Stat. 733; Apr. 25, 1928, ch. 434, § 6, 45 Stat. 460; Apr. 26,
1928, ch. 438, § 6, 45 Stat. 464; Apr. 19, 1930, ch. 200, § 6, 4 REFERENCES IN TEXT
Stat. 228; May 2, 1932, ch. 155, § 3, 47 Stat. 145; June 25, The Rules of Criminal Procedure for the United
1935, ch. 309, § 1, 49 Stat. 422; Aug. 19, 1937, ch. 703, §§ 5, States District Courts, referred to in subsecs. (a)(1) and
6, 50 Stat. 702; June 25, 1938, ch. 684, § 1, 52 Stat. 1164; (e)(2)–(4), are set out in the Appendix to Title 18, Crimes
June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Mar. 4, 1940, ch. and Criminal Procedure.
40, § 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, § 5, 56 Stat. 134; The Federal Rules of Civil Procedure for the United
Mar. 6, 1942, ch. 151, § 5, 56 Stat. 137; Apr. 29, 1942, ch. 264, States district courts, referred to in subsecs. (b)(2),
§ 5, 56 Stat. 260; June 5, 1942, ch. 341, § 5, 56 Stat. 318; Apr. (c)(3), and (e)(4), are set out in the Appendix to this
23, 1946, ch. 202, § 2, 60 Stat. 120; June 24, 1946, ch. 463, § 2, title.
60 Stat. 303).
Section consolidates provisions of sections 27, 66, 67, AMENDMENTS
68, 80f, 100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c–5, 2009—Subsec. (b)(1). Pub. L. 111–16 substituted ‘‘four-
403c–6, 403h–5, 404c–5 and 408m of title 16, U.S.C., 1940 teen days’’ for ‘‘ten days’’ in concluding provisions.
ed., relating to jurisdiction and powers of park commis- 2005—Subsec. (a). Pub. L. 109–63 substituted ‘‘district
sioners with necessary changes in arrangement and in which sessions are held by the court that appointed
phraseology. For other provisions of such sections, see the magistrate judge, at other places where that court
Distribution Table. may function, and elsewhere as authorized by law—’’
The provisions of sections 27, 66, 67, 68, 100, 117e, 129, for ‘‘territorial jurisdiction prescribed by his appoint-
172, 181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, ment—’’ in introductory provisions.
404c–5 and 408m of title 16, U.S.C., 1940 ed., relating to 2002—Subsec. (e)(2). Pub. L. 107–273, § 3002(b)(1), in-
the powers of park commissioners respecting issuance serted ‘‘, or both,’’ after ‘‘fine or imprisonment’’.
of warrants of arrest and other process were omitted Subsec. (e)(3). Pub. L. 107–273, § 3002(b)(2), inserted ‘‘or
and are recommended for repeal as covered by sections both,’’ after ‘‘fine or imprisonment,’’.
3041 and 3141 of revised title 18 (H.R. 1600, 80th Cong.), 2000—Subsec. (a)(4), (5). Pub. L. 106–518, § 203(b), added
and Rules, 4, 5(c), and 9 of the new Federal Rules of pars. (4) and (5) and struck out former pars. (4) and (5)
Criminal Procedure. which read as follows:
Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, ‘‘(4) the power to enter a sentence for a petty offense
181b, 204e, 256d, 376, 395e, 403c–5, 403c–6, 403h–5, 404c–5
that is a class B misdemeanor charging a motor vehicle
and 408m of title 16, U.S.C., 1940 ed., for arrest without
offense, a class C misdemeanor, or an infraction; and
warrant for violation of law or regulation within a na- ‘‘(5) the power to enter a sentence for a class A mis-
tional park were also omitted and are recommended for
demeanor, or a class B or C misdemeanor not covered
repeal as covered by section 3054 of revised title 18
by paragraph (4), in a case in which the parties have
(H.R. 2200, 79th Cong.), Rule 4 of the Federal Rules of
consented.’’
Criminal Procedure and Rule 4 of the Federal Rules of
Subsec. (e). Pub. L. 106–518, § 202, amended subsec. (e)
Civil Procedure.
generally. Prior to amendment, subsec. (e) specified
SENATE REVISION AMENDMENT conduct before a magistrate judge which constituted
contempt of court and prescribed procedure for adjudi-
As finally enacted, section 158b of Title 16, U.S.C.,
cating and punishing contempts.
which was derived from act May 15, 1947, ch. 55, § 2, 61
1996—Subsec. (a)(3). Pub. L. 104–317, § 202(b)(1), sub-
Stat. 92, was an additional source of this section, and
stituted a semicolon for ‘‘, and’’ at end.
such act was accordingly included by Senate amend-
Subsec. (a)(4), (5). Pub. L. 104–317, § 202(b)(2), added
ment in the schedule of repeals. No change in the text
pars. (4) and (5) and struck out former par. (4) which
of the section was necessary as the result of inclusion
read as follows: ‘‘the power to enter a sentence for a
of such section 158b. See 80th Congress Senate Report
misdemeanor or infraction with the consent of the par-
No. 1559.
As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, ties.’’
which amended section 403c–5 of Title 16, U.S.C., was an Subsec. (c)(3). Pub. L. 104–317, § 207(1)(A), substituted
additional source of this section, and such act was ac- ‘‘The consent of the parties’’ for ‘‘In this circumstance,
cordingly included by Senate amendment in the sched- the consent of the parties’’.
ule of repeals. See 80th Congress Senate Report No. Subsec. (c)(4) to (7). Pub. L. 104–317, § 207(1)(B), (C), re-
1559. designated pars. (6) and (7) as (4) and (5) and struck out
Prior oaths, acknowledgments, affidavits, and deposi- former pars. (4) and (5) which read as follows:
tions provisions in section 637.—Based on title 28, U.S.C., ‘‘(4) Notwithstanding the provisions of paragraph (3)
1940 ed., §§ 525, 758 (R.S. § 945; May 28, 1896, ch. 252, § 19, of this subsection, at the time of reference to a mag-
29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, istrate, the parties may further consent to appeal on
1911, ch. 231, § 291, 36 Stat. 1167). the record to a judge of the district court in the same
This section consolidates part of section 525 with sec- manner as on an appeal from a judgment of the district
tion 758 of title 28, U.S.C., 1940 ed. The provision of said court to a court of appeals. Wherever possible the local
section 525 empowering clerks and deputy clerks to ad- rules of the district court and the rules promulgated by
minister oaths is incorporated in section 953 of this the conference shall endeavor to make such appeal in-
title. The provision of said section 758 that acknowledg- expensive. The district court may affirm, reverse, mod-
ments of bail and affidavits should have the same effect ify, or remand the magistrate’s judgment.
as if taken before judges was omitted as surplusage. ‘‘(5) Cases in the district courts under paragraph (4)
The exception as to Alaska, provided in section 591 of of this subsection may be reviewed by the appropriate
title 28, U.S.C., 1940 ed., and referred to in section 525 United States court of appeals upon petition for leave
of title 28, U.S.C., 1940 ed., was omitted as unnecessary to appeal by a party stating specific objections to the
since section 108 of title 48, U.S.C., 1940 ed., Territories judgment. Nothing in this paragraph shall be construed
and Insular Possessions, and section 1119 of the Com- to be a limitation on any party’s right to seek review
piled Laws of Alaska, 1933, give commissioners all pow- by the Supreme Court of the United States.’’
ers of notaries public. See also reviser’s notes to sec- Subsec. (d). Pub. L. 104–317, § 207(2), struck out ‘‘, and
tions 631 and 633 of this title. for the taking and hearing of appeals to the district
Word ‘‘acknowledgments’’ was inserted to make it courts,’’ after ‘‘officers serving under this chapter’’.
clear that commissioners, like justices of the peace, Subsec. (f). Pub. L. 104–317, § 201, substituted ‘‘sub-
can take acknowledgments as well as oaths, affidavits, section (a), (b), or (c)’’ for ‘‘subsection (a) or (b)’’ in
etc. first sentence.
The authority to take depositions was included to 1990—Subsec. (c)(2). Pub. L. 101–650 substituted ‘‘the
conform to Federal Rules of Civil Procedure, Rule 28. availability of a magistrate to exercise’’ for ‘‘their
§ 637 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 314
right to consent to the exercise of’’ in first sentence Amendment by Pub. L. 100–659 effective Nov. 15, 1988,
and amended third sentence generally. Prior to amend- and applicable to bankruptcy judges and magistrate
ment, third sentence read as follows: ‘‘Thereafter, nei- judges who retire on or after Nov. 15, 1988, with excep-
ther the district judge nor the magistrate shall at- tion for bankruptcy judges and magistrate judges retir-
tempt to persuade or induce any party to consent to ing on or after July 31, 1987, see section 9 of Pub. L.
reference of any civil matter to a magistrate.’’ 100–659, as amended, set out as an Effective Date note
1988—Subsec. (a)(4). Pub. L. 100–690 added par. (4). under section 377 of this title.
Subsec. (c)(7). Pub. L. 100–702, § 1014, amended par. (7)
generally. Prior to amendment, par. (7) read as follows: EFFECTIVE DATE OF 1986 AMENDMENT
‘‘The magistrate shall determine, taking into account Amendment by Pub. L. 99–651 effective Jan. 1, 1987,
the complexity of the particular matter referred to the see section 203 of Pub. L. 99–651, set out as a note under
magistrate, whether the record in the proceeding shall
section 155 of this title.
be taken, pursuant to section 753 of this title, by elec-
tronic sound recording means, by a court reporter ap- EFFECTIVE DATE OF 1984 AMENDMENT
pointed or employed by the court to take a verbatim
record by shorthand or by mechanical means, or by an Amendment by Pub. L. 98–620 not applicable to cases
employee of the court designated by the court to take pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
such a verbatim record. Notwithstanding the mag- set out as an Effective Date note under section 1657 of
istrate’s determination, (A) the proceeding shall be this title.
taken down by a court reporter if any party so re- EFFECTIVE DATE OF 1968 AMENDMENT
quests, (B) the proceeding shall be recorded by a means
other than a court reporter if all parties so agree, and Amendment by Pub. L. 90–578 effective Oct. 17, 1968,
(C) no record of the proceeding shall be made if all par- except when a later effective date is applicable, which
ties so agree. Reporters referred to in this paragraph is the earlier of date when implementation of amend-
may be transferred for temporary service in any dis- ment by appointment of magistrates [now United
trict court of the judicial circuit for reporting pro- States magistrate judges] and assumption of office
ceedings under this subsection, or for other reporting takes place or third anniversary of enactment of Pub.
duties in such court.’’ L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L.
Subsec. (d). Pub. L. 100–702, § 404(b)(1), substituted 90–578, set out as a note under section 631 of this title.
‘‘section 2072 of this title’’ for ‘‘section 3402 of title 18,
United States Code’’. § 637. Training
Subsec. (h). Pub. L. 100–659 inserted ‘‘section 377 of
this title or in’’ after ‘‘annuity set forth in’’ and
The Federal Judicial Center shall conduct
‘‘which are applicable to such magistrate’’ after ‘‘title periodic training programs and seminars for
5’’ in second sentence. both full-time and part-time United States mag-
1986—Subsec. (h). Pub. L. 99–651 added subsec. (h). istrate judges, including an introductory train-
1984—Subsec. (a)(2). Pub. L. 98–473 substituted ‘‘issue ing program for new magistrate judges, to be
orders pursuant to section 3142 of title 18 concerning re- held within one year after initial appointment.
lease or detention of persons pending trial’’ for ‘‘impose
conditions of release under section 3146 of title 18’’. (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578,
Subsec. (c)(4). Pub. L. 98–620 struck out ‘‘expeditious title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L.
and’’ before ‘‘inexpensive’’. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
1979—Subsec. (c). Pub. L. 96–82, § 2(2), added subsec.
(c). Former subsec. (c) redesignated (d).
Subsecs. (d) to (g). Pub. L. 96–82, § 2(1), redesignated Editorial Notes
former subsecs. (c) to (f) as (d) to (g), respectively. AMENDMENTS
1977—Subsec. (f). Pub. L. 95–144 added subsec. (f).
1976—Subsec. (b). Pub. L. 94–577 completely revised 1968—Pub. L. 90–578 substituted provisions for peri-
provisions under which additional duties may be as- odic training programs and seminars for United States
signed to a United States Magistrate by allowing, magistrates for prior authorization of United States
among other additional duties, the assignment of pre- commissioners to administer oaths and take bail, ac-
trial matters, dispositive motions, and service as a spe- knowledgements, affidavits, and depositions, now in-
cial master. corporated in section 636(a)(2) of this title.
1972—Pub. L. 92–239, § 2, substituted ‘‘Jurisdiction,
powers, and temporary assignment’’ for ‘‘Jurisdiction Statutory Notes and Related Subsidiaries
and powers’’ in section catchline.
Subsec. (e). Pub. L. 92–239, § 1, added subsec. (e). CHANGE OF NAME
1968—Pub. L. 90–578 substituted provisions declara-
Words ‘‘magistrate judges’’ substituted for ‘‘mag-
tory of jurisdiction and powers of United States mag-
istrates’’ wherever appearing in text pursuant to sec-
istrates for prior provisions respecting rendition of ac-
tion 321 of Pub. L. 101–650, set out as a note under sec-
counts by United States commissioners.
tion 631 of this title.
Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT
CHANGE OF NAME Amendment by Pub. L. 90–578 effective Oct. 17, 1968,
Words ‘‘magistrate judge’’, ‘‘magistrate judge’s’’, and except when a later effective date is applicable, which
‘‘magistrate judges’’ substituted for ‘‘magistrate’’, is the earlier of date when implementation of amend-
‘‘magistrate’s’’, and ‘‘magistrates’’, respectively, wher- ment by appointment of magistrates [now United
ever appearing in text pursuant to section 321 of Pub. States magistrate judges] and assumption of office
L. 101–650, set out as a note under section 631 of this takes place or third anniversary of enactment of Pub.
title. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L.
90–578, set out as a note under section 631 of this title.
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–16 effective Dec. 1, 2009, § 638. Dockets and forms; United States Code;
see section 7 of Pub. L. 111–16, set out as a note under seals
section 109 of Title 11, Bankruptcy.
(a) The Director shall furnish to United States
EFFECTIVE DATE OF 1988 AMENDMENTS magistrate judges adequate docket books and
Amendment by section 404(b)(1) of Pub. L. 100–702 ef- forms prescribed by the Director. The Director
fective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set shall also furnish to each such officer a copy of
out as a note under section 2071 of this title. the current edition of the United States Code.
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