3. Policy Regarding Consent to Trial of Condemnation Cases by United
States Magistrates
The Federal Magistrate Act of 1979 (Pub.L. No. 96-82)
authorized United States Magistrates to conduct any or all
proceedings in a jury or non-jury civil matter and order the entry
of judgment in the case, when specifically designated to exercise
such jurisdiction by the district court or courts he/she serves,
provided the parties consent thereto. The Act preserves to the
parties the right to appeal as from a judgment of the district
court.
This Division is favorably disposed to the use of United States
Magistrates to conduct the trial of condemnation cases and to enter
judgment therein whenever, in the opinion of the responsible
attorney, consent to such trial would be in the litigating
interests of the United States. Because of the very large number of
condemnation cases pending throughout the country and the
difficulty generally experienced in obtaining trial time for these
cases, the option of consensual trial by magistrate provides an
effective means of expediting the disposition of condemnation cases
in appropriate circumstances.
Accordingly, it is the policy of this Division to encourage, in
appropriate cases, consent to the conduct of condemnation trials by
United States Magistrates if the attorney in charge of the case
determines that trial before a magistrate would be in the
litigating interests of the United States. In making this
determination (on an individual case basis), all relevant factors
should be considered, including the complexity of the case, the
relief sought, the amount involved, the importance and nature of
the issues raised, and the likelihood that the referral of the case
to the magistrate will expedite resolution of the litigation. The
attorney in charge of the case should similarly determine whether
the consent should be to a trial by the magistrate or by a jury
presided over by the magistrate.
The Federal Magistrate Act of 1979 provides that where a
magistrate is designated to exercise civil litigation jurisdiction,
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. In many districts, however, there are backlogs of
condemnation cases that were filed before the October 10, 1979
enactment of the Act for which such notification has not been given
by the clerk. Accordingly, this Division urges the responsible
attorneys to review their cases and determine which, if any, are
appropriate for trial before a magistrate and that such action as
necessary and appropriate be taken to notify the parties thereto of
their right to consent to the magistrate's exercise of litigation
jurisdiction.
[cited in
USAM 5-15.002;
USAM 5-15.514]
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