New York Consent to Proceed Before US Magistrate Judge is a document that allows a state court to transfer a civil case to a federal court in New York. This document is necessary when a state court is unable to exercise jurisdiction over a civil case, or when the parties voluntarily choose to litigate in federal court. The consent of all parties involved is required in order to proceed before a US Magistrate Judge. There are two types of New York Consent to Proceed Before US Magistrate Judge: 1. Full Consent: All parties involved in the case agree to proceed before a US Magistrate Judge. 2. Partial Consent: One or more parties involved in the case agree to proceed before a US Magistrate Judge, while other parties may not consent.
New York Consent to Proceed Before US Magistrate Judge
State:
New York
Control #:
NY-SD-807
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PDF
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Consent to Proceed Before US Magistrate Judge
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FAQ
A U.S. magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court to exercise jurisdiction over matters assigned by statute as well as those delegated by the district judges.
In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases. While most civil cases are tried by district judges, magistrate judges may also preside over civil trials if all parties consent.
Magistrate Judges should have this title after their name (?The Honorable First M. Last, Magistrate Judge?). It will still be ?Dear Judge Last? after that.
They should be addressed either to the Honorable FIRST NAME LAST NAME or Judge FIRST NAME LAST NAME.
Always use the judicial honorific ?Honorable? when addressing a magistrate directly in a letter, and end with their title, ?Magistrate Judge.? For example, a magistrate named Jane Smith should be addressed in writing as, ?Honorable Jane Smith, Magistrate Judge.?
Address the judge only as ?your honor? when addressing the judge in the courtroom. Refer to the judge as ?the Court?, ?his honor,? or ?her honor? if you need to refer to the judge while addressing a witness or the jury. Stop speaking if the judge begins to speak.
The official title of these judges is ?United States Magistrate Judge.? To be consistent with the position's judicial role and official title as prescribed by law, a United States Magistrate Judge should be addressed, orally and in writing, as ?Judge.?