Who is who in a federal case
Magistrate Judge
A magistrate judge is a federal judge appointed by the district court to handle pretrial matters, criminal first appearances, and, with consent, entire civil cases.
They are appointed for eight-year terms rather than for life, and they carry an enormous share of the work: search warrants, detention hearings, discovery disputes, settlement conferences, and reports recommending how dispositive motions should be decided.
With all parties' consent, a magistrate judge can preside over a civil case start to finish, including trial and final judgment, with appeal going directly to the court of appeals.
Report and recommendation practice creates a two-step docket. The magistrate judge recommends, the parties object, and the district judge adopts or rejects, so the same motion can be decided twice months apart. Consent cases are marked on the docket, and once all parties consent the magistrate judge has the same authority as a district judge for that case, including entering the final judgment.
How it appears on a docket
ORDER referring 57 Motion to Compel to Magistrate Judge Okafor for disposition. REPORT AND RECOMMENDATION issued as to 42 Motion to Dismiss; objections due 14 days.
Governing rule
28 U.S.C. Sec. 636
Related terms
- District Judge — A district judge is a federal trial judge appointed by the President, confirmed by the Senate, and serving for life during good behavior.
- Rule 16 Conference — A Rule 16 conference is the early meeting between the judge and the lawyers to organize the case and set its schedule.
More on who is who in a federal case
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