28 U.S.C. § 636 — Jurisdiction, powers, and temporary assignment

(a) Powers and duties. Each United States magistrate judge serving under this chapter has, within the district where the court that appointed the magistrate judge holds sessions, at other places where that court may operate, and elsewhere when authorized by law— (1) all powers and duties that law or the Federal Rules of Criminal Procedure gives or imposes on United States commissioners; (2) power to administer oaths and affirmations, issue orders under section 3142 of title 18 about releasing or detaining people pending trial, and take acknowledgments, affidavits, and depositions; (3) power to conduct trials under section 3401 of title 18, subject to that section’s limits; (4) power to enter a sentence for a petty offense; and (5) power to enter a sentence for a class A misdemeanor when the parties have consented. (b) Pretrial matters and other duties. (1) Despite any conflicting law— (A) A judge may designate a magistrate judge to hear and decide any pending pretrial matter, except a motion for injunctive relief, judgment on the pleadings, summary judgment, dismissal or quashing of an indictment or information made by the defendant, suppression of evidence in a criminal case, dismissal of or permission to maintain a class action, dismissal for failure to state a claim on which relief can be granted, or involuntary dismissal of an action. A judge of the court may reconsider a pretrial matter under this subparagraph when it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law. (B) A judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations to a judge of the court about how to dispose of any motion excepted in subparagraph (A), applications for posttrial relief made by people convicted of criminal offenses, and prisoner petitions challenging conditions of confinement. (C) The magistrate judge must file the proposed findings and recommendations under subparagraph (B) with the court, and a copy must promptly be mailed to all parties. Within 14 days after being served with a copy, any party may serve and file written objections as the court’s rules provide. A judge of the court must independently decide the parts of the report or specified proposed findings or recommendations to which an objection is made. The judge may accept, reject, or change all or part of the magistrate judge’s findings or recommendations. The judge may also receive more evidence or send the matter back to the magistrate judge with instructions. (2) A judge may designate a magistrate judge to serve as a special master under the applicable provisions of this title and the Federal Rules of Civil Procedure for United States district courts. A judge may designate a magistrate judge to serve as a special master in any civil case, with the parties’ consent, without regard to Rule 53(b) of those Rules. (3) A magistrate judge may be assigned additional duties that do not conflict with the Constitution or laws of the United States. (4) Each district court must establish rules under which its magistrate judges will perform their duties. (c) Civil jurisdiction by consent. Despite any conflicting law— (1) With the parties’ consent, a full-time United States magistrate judge, or a part-time United States magistrate judge who serves as a full-time judicial officer, may conduct any or all proceedings in a jury or nonjury civil matter and order entry of judgment in the case when specially designated to exercise this jurisdiction by the district court or courts the magistrate judge serves. With the parties’ consent and their specific written request, any other part-time magistrate judge may exercise this jurisdiction if the magistrate judge meets the bar-membership requirements in section 631(b)(1) and the chief judge of the district court certifies that a full-time magistrate judge is not reasonably available under guidelines established by the circuit’s judicial council. When a district court has more than one judge, designation under this paragraph requires the concurrence of a majority of all the judges of that district court. Without that concurrence, the chief judge makes the designation. (2) If a magistrate judge is designated to exercise civil jurisdiction under paragraph (1), the clerk of court must, when the action is filed, notify the parties that a magistrate judge is available to exercise that jurisdiction. The parties must communicate their decision to the clerk of court. Later, either the district court judge or the magistrate judge may again tell the parties that the magistrate judge is available, but must also tell them that they may withhold consent without adverse substantive consequences. Court rules for referring civil matters to magistrate judges must include procedures to protect the voluntary nature of the parties’ consent. (3) When judgment is entered in a case referred under paragraph (1), a party harmed by the judgment may appeal directly to the appropriate United States court of appeals from the magistrate judge’s judgment, in the same way as an appeal from any other district court judgment. The parties’ consent allows a magistrate judge designated to exercise civil jurisdiction under paragraph (1) to direct entry of a district court judgment under the Federal Rules of Civil Procedure. Nothing in this paragraph limits a party’s right to seek review by the Supreme Court of the United States. (4) The court may, on its own motion for good cause shown, or when a party shows extraordinary circumstances, vacate a reference of a civil matter to a magistrate judge under this subsection. (5) Subject to Judicial Conference guidelines, the magistrate judge must decide whether the record taken under this section will be made by electronic sound recording, by a court reporter, or by another method. (d) Trial procedure. The practice and procedure for trials before officers serving under this chapter must follow rules issued by the Supreme Court under section 2072 of this title. (e) Contempt authority. (1) General rule. Within the territorial jurisdiction set by the magistrate judge’s appointment, a United States magistrate judge serving under this chapter has the contempt authority described in this subsection. (2) Summary criminal contempt. A magistrate judge may punish immediately by fine or imprisonment, or both, contempt of the magistrate judge’s authority that consists of a person’s misconduct in the magistrate judge’s presence that obstructs the administration of justice. The contempt order must be issued under the Federal Rules of Criminal Procedure. (3) Additional criminal contempt in civil-consent and misdemeanor cases. In a case in which a United States magistrate judge presides with the parties’ consent under subsection (c), and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may punish by fine or imprisonment, or both, criminal contempt consisting of disobedience or resistance to the magistrate judge’s lawful writ, process, order, rule, decree, or command. The contempt proceeding must be conducted after notice and a hearing under the Federal Rules of Criminal Procedure. (4) Civil contempt in civil-consent and misdemeanor cases. In a case in which a United States magistrate judge presides with the parties’ consent under subsection (c), and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the district court’s civil contempt authority. This paragraph does not limit the magistrate judge’s authority to order sanctions under another statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure. (5) Criminal contempt penalties. A sentence imposed by a magistrate judge for criminal contempt under paragraphs (2) and (3) may not exceed the penalties for a Class C misdemeanor under sections 3581(b)(8) and 3571(b)(6) of title 18. (6) Certifying other contempts to the district court. When any such act occurs— (A) in a case in which a United States magistrate judge presides with the parties’ consent under subsection (c), or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, and the magistrate judge believes the act may constitute serious criminal contempt punishable by penalties exceeding those in paragraph (5) of this subsection; or (B) in any other case or proceeding under subsection (a) or (b), or under any other statute, where— (i) an act committed in the magistrate judge’s presence may, in the magistrate judge’s opinion, constitute serious criminal contempt punishable by penalties exceeding those in paragraph (5) of this subsection; (ii) the act constituting criminal contempt occurs outside the magistrate judge’s presence; or (iii) the act constitutes civil contempt, the magistrate judge must promptly certify the facts to a district judge. The magistrate judge may serve, or arrange to have served, on any person whose behavior is questioned under this paragraph an order requiring that person to appear before a district judge on a specified day and show cause why that person should not be held in contempt based on the certified facts. The district judge must then hear the evidence about the complained-of act or conduct and, if it warrants punishment, punish the person in the same way and to the same extent as for contempt committed before a district judge. (7) Appeals of magistrate judge contempt orders. An appeal from a contempt order under this subsection must be made to the court of appeals in a case proceeding under subsection (c). An appeal from any other contempt order issued under this section must be made to the district court. (f) Temporary emergency assignments. In an emergency, and with the agreement of the chief judges of the districts involved, a United States magistrate judge may be temporarily assigned to perform any duty listed in subsection (a), (b), or (c) in a judicial district other than the district for which the magistrate judge was appointed. The magistrate judge may not perform those duties in the assigned district until that district’s chief judge issues an order specifying (1) the emergency requiring the transfer; (2) how long the assignment will last; and (3) the duties the magistrate judge is authorized to perform. The assigned magistrate judge is not entitled to additional compensation, but must be reimbursed for actual and necessary expenses incurred while performing the duties under section 635. (g) Verification and appointment functions. A United States magistrate judge may perform the verification required by section 4107 of title 18. A judge of any United States district court may assign a magistrate judge to perform the verification required by section 4108 and the appointment of counsel authorized by section 4109 of title 18. The magistrate judge may perform those functions beyond the territorial limits of the United States. A magistrate judge assigned those functions has no authority to perform any other function within a foreign country’s territory. (h) Recall of retired magistrate judges. A retired United States magistrate judge may be recalled to serve as a magistrate judge in any judicial district by the judicial council of the circuit in which that district is located, with the consent of the chief judge of the district involved. After recall, the magistrate judge may receive a salary for that service under regulations issued by the Judicial Conference, subject to the restrictions on annuity payments in section 377 of this title and in subchapter III of chapter 83 and chapter 84 of title 5 that apply to that magistrate judge. The requirements in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of subsection (b) of that section to the extent it requires membership in the bar of the place where the person will serve as a magistrate judge, do not apply to recalling a retired magistrate judge under this subsection or section 375 of this title. Any other requirement in section 631(b) applies to the recall of a retired magistrate judge under this subsection or section 375 of this title, unless that retired magistrate judge met the requirement when appointed or reappointed as a magistrate judge under section 631.