§ 636. — Jurisdiction, powers, and temporary assignment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC636]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
Sec. 636. Jurisdiction, powers, and temporary assignment
(a) Each United States magistrate judge serving under this chapter
shall have within the territorial jurisdiction prescribed by his
appointment--
(1) all powers and duties conferred or imposed upon United
States commissioners by law or by the Rules of Criminal Procedure
for the United States District Courts;
(2) the power to administer oaths and affirmations, issue orders
pursuant to section 3142 of title 18 concerning release or detention
of persons pending trial, and take acknowledgements, affidavits, and
depositions;
(3) the power to conduct trials under section 3401, title 18,
United States Code, in conformity with and subject to the
limitations of that section;
(4) the power to enter a sentence for a petty offense; and
(5) the power to enter a sentence for a class A misdemeanor in a
case in which the parties have consented.
(b)(1) Notwithstanding any provision of law to the contrary--
(A) a judge may designate a magistrate judge to hear and
determine any pretrial matter pending before the court, except a
motion for injunctive relief, for judgment on the pleadings, for
summary judgment, to dismiss or quash an indictment or information
made by the defendant, to suppress evidence in a criminal case, to
dismiss or to permit maintenance of a class action, to dismiss for
failure to state a claim upon which relief can be granted, and to
involuntarily dismiss an action. A judge of the court may reconsider
any pretrial matter under this subparagraph (A) where 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 to submit to a judge
of the court proposed findings of fact and recommendations for the
disposition, by a judge of the court, of any motion excepted in
subparagraph (A), of applications for posttrial \1\ relief made by
individuals convicted of criminal offenses and of prisoner petitions
challenging conditions of confinement.
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\1\ So in original. Probably should be ``post-trial''.
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(C) the magistrate judge shall file his proposed findings and
recommendations under subparagraph (B) with the court and a copy
shall forthwith be mailed to all parties.
Within ten days after being served with a copy, any party may serve and
file written objections to such proposed findings and recommendations as
provided by rules of court. A judge of the court shall make a de novo
determination of those portions of the report or specified proposed
findings or recommendations to which objection is made. A judge of the
court may accept, reject, or modify, in whole or in part, the findings
or recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge
with instructions.
(2) A judge may designate a magistrate judge to serve as a special
master pursuant to the applicable provisions of this title and the
Federal Rules of Civil Procedure for the United States district courts.
A judge may designate a magistrate judge to serve as a special master in
any civil case, upon consent of the parties, without regard to the
provisions of rule 53(b) of the Federal Rules of Civil Procedure for the
United States district courts.
(3) A magistrate judge may be assigned such additional duties as are
not inconsistent with the Constitution and laws of the United States.
(4) Each district court shall establish rules pursuant to which the
magistrate judges shall discharge their duties.
(c) Notwithstanding any provision of law to the contrary--
(1) Upon the consent of the parties, 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 the entry of
judgment in the case, when specially designated to exercise such
jurisdiction by the district court or courts he serves. Upon the
consent of the parties, pursuant to their specific written request,
any other part-time magistrate judge may exercise such jurisdiction,
if such magistrate judge meets the bar membership requirements set
forth in section 631(b)(1) and the chief judge of the district court
certifies that a full-time magistrate judge is not reasonably
available in accordance with guidelines established by the judicial
council of the circuit. When there is more than one judge of a
district court, designation under this paragraph shall be by the
concurrence of a majority of all the judges of such district court,
and when there is no such concurrence, then by the chief judge.
(2) If a magistrate judge is designated to exercise civil
jurisdiction under paragraph (1) of this subsection, the clerk of
court shall, at the time the action is filed, notify the parties of
the availability of a magistrate judge to exercise such
jurisdiction. The decision of the parties shall be communicated to
the clerk of court. Thereafter, either the district court judge or
the magistrate judge may again advise the parties of the
availability of the magistrate judge, but in so doing, shall also
advise the parties that they are free to withhold consent without
adverse substantive consequences. Rules of court for the reference
of civil matters to magistrate judges shall include procedures to
protect the voluntariness of the parties' consent.
(3) Upon entry of judgment in any case referred under paragraph
(1) of this subsection, an aggrieved party may appeal directly to
the appropriate United States court of appeals from the judgment of
the magistrate judge in the same manner as an appeal from any other
judgment of a district court. The consent of the parties allows a
magistrate judge designated to exercise civil jurisdiction under
paragraph (1) of this subsection to direct the entry of a judgment
of the district court in accordance with the Federal Rules of Civil
Procedure. Nothing in this paragraph shall be construed as a
limitation of any party's right to seek review by the Supreme Court
of the United States.
(4) The court may, for good cause shown on its own motion, or
under extraordinary circumstances shown by any party, vacate a
reference of a civil matter to a magistrate judge under this
subsection.
(5) The magistrate judge shall, subject to guidelines of the
Judicial Conference, determine whether the record taken pursuant to
this section shall be taken by electronic sound recording, by a
court reporter, or by other means.
(d) The practice and procedure for the trial of cases before
officers serving under this chapter shall conform to rules promulgated
by the Supreme Court pursuant to section 2072 of this title.
(e) Contempt Authority.--
(1) In general.--A United States magistrate judge serving under
this chapter shall have within the territorial jurisdiction
prescribed by the appointment of such magistrate judge the power to
exercise contempt authority as set forth in this subsection.
(2) Summary criminal contempt authority.--A magistrate judge
shall have the power to punish summarily by fine or imprisonment, or
both, such contempt of the authority of such magistrate judge
constituting misbehavior of any person in the magistrate judge's
presence so as to obstruct the administration of justice. The order
of contempt shall be issued under the Federal Rules of Criminal
Procedure.
(3) Additional criminal contempt authority in civil consent and
misdemeanor cases.--In any case in which a United States magistrate
judge presides with the consent of the parties under subsection (c)
of this section, and in any misdemeanor case proceeding before a
magistrate judge under section 3401 of title 18, the magistrate
judge shall have the power to punish, by fine or imprisonment, or
both, criminal contempt constituting disobedience or resistance to
the magistrate judge's lawful writ, process, order, rule, decree, or
command. Disposition of such contempt shall be conducted upon notice
and hearing under the Federal Rules of Criminal Procedure.
(4) Civil contempt authority in civil consent and misdemeanor
cases.--In any case in which a United States magistrate judge
presides with the consent of the parties under subsection (c) of
this section, and in any misdemeanor case proceeding before a
magistrate judge under section 3401 of title 18, the magistrate
judge may exercise the civil contempt authority of the district
court. This paragraph shall not be construed to limit the authority
of a magistrate judge to order sanctions under any other statute,
the Federal Rules of Civil Procedure, or the Federal Rules of
Criminal Procedure.
(5) Criminal contempt penalties.--The sentence imposed by a
magistrate judge for any criminal contempt provided for in
paragraphs (2) and (3) shall not exceed the penalties for a Class C
misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of
title 18.
(6) Certification of other contempts to the district court.--
Upon the commission of any such act--
(A) in any case in which a United States magistrate judge
presides with the consent of the parties under subsection (c) of
this section, or in any misdemeanor case proceeding before a
magistrate judge under section 3401 of title 18, that may, in
the opinion of the magistrate judge, constitute a serious
criminal contempt punishable by penalties exceeding those set
forth in paragraph (5) of this subsection, or
(B) in any other case or proceeding under subsection (a) or
(b) of this section, or any other statute, where--
(i) the act committed in the magistrate judge's presence
may, in the opinion of the magistrate judge, constitute a
serious criminal contempt punishable by penalties exceeding
those set forth in paragraph (5) of this subsection,
(ii) the act that constitutes a criminal contempt occurs
outside the presence of the magistrate judge, or
(iii) the act constitutes a civil contempt,
the magistrate judge shall forthwith certify the facts to a district
judge and may serve or cause to be served, upon any person whose
behavior is brought into question under this paragraph, an order
requiring such person to appear before a district judge upon a day
certain to show cause why that person should not be adjudged in
contempt by reason of the facts so certified. The district judge
shall thereupon hear the evidence as to the act or conduct
complained of and, if it is such as to warrant punishment, punish
such person in the same manner and to the same extent as for a
contempt committed before a district judge.
(7) Appeals of magistrate judge contempt orders.--The appeal of
an order of contempt under this subsection shall be made to the
court of appeals in cases proceeding under subsection (c) of this
section. The appeal of any other order of contempt issued under this
section shall be made to the district court.
(f) In an emergency and upon the concurrence of the chief judges of
the districts involved, a United States magistrate judge may be
temporarily assigned to perform any of the duties specified in
subsection (a), (b), or (c) of this section in a judicial district other
than the judicial district for which he has been appointed. No
magistrate judge shall perform any of such duties in a district to which
he has been temporarily assigned until an order has been issued by the
chief judge of such district specifying (1) the emergency by reason of
which he has been transferred, (2) the duration of his assignment, and
(3) the duties which he is authorized to perform. A magistrate judge so
assigned shall not be entitled to additional compensation but shall be
reimbursed for actual and necessary expenses incurred in the performance
of his duties in accordance with section 635.
(g) A United States magistrate judge may perform the verification
function required by section 4107 of title 18, United States Code. A
magistrate judge may be assigned by a judge of any United States
district court to perform the verification required by section 4108 and
the appointment of counsel authorized by section 4109 of title 18,
United States Code, and may perform such functions beyond the
territorial limits of the United States. A magistrate judge assigned
such functions shall have no authority to perform any other function
within the territory of a foreign country.
(h) A United States magistrate judge who has retired may, upon the
consent of the chief judge of the district involved, be recalled to
serve as a magistrate judge in any judicial district by the judicial
council of the circuit within which such district is located. Upon
recall, a magistrate judge may receive a salary for such service in
accordance with regulations promulgated by the Judicial Conference,
subject to the restrictions on the payment of an annuity set forth in
section 377 of this title or in subchapter III of chapter 83, and
chapter 84, of title 5 which are applicable to such magistrate judge.
The requirements set forth in subsections (a), (b)(3), and (d) of
section 631, and paragraph (1) of subsection (b) of such section to the
extent such paragraph requires membership of the bar of the location in
which an individual is to serve as a magistrate judge, shall not apply
to the recall of a retired magistrate judge under this subsection or
section 375 of this title. Any other requirement set forth in section
631(b) shall apply to the recall of a retired magistrate judge under
this subsection or section 375 of this title unless such retired
magistrate judge met such requirement upon appointment or reappointment
as a magistrate judge under section 631.
(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,
Sec. 101, Oct. 17, 1968, 82 Stat. 1113; Pub. L. 92-239, Secs. 1, 2, Mar.
1, 1972, 86 Stat. 47; Pub. L. 94-577, Sec. 1, Oct. 21, 1976, 90 Stat.
2729; Pub. L. 95-144, Sec. 2, Oct. 28, 1977, 91 Stat. 1220; Pub. L. 96-
82, Sec. 2, Oct. 10, 1979, 93 Stat. 643; Pub. L. 98-473, title II,
Sec. 208, Oct. 12, 1984, 98 Stat. 1986; Pub. L. 98-620, title IV,
Sec. 402(29)(B), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 99-651, title II,
Sec. 201(a)(2), Nov. 14, 1986, 100 Stat. 3647; Pub. L. 100-659,
Sec. 4(c), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 100-690, title VII,
Sec. 7322, Nov. 18, 1988, 102 Stat. 4467; Pub. L. 100-702, title IV,
Sec. 404(b)(1), title X, Sec. 1014, Nov. 19, 1988, 102 Stat. 4651, 4669;
Pub. L. 101-650, title III, Secs. 308(a), 321, Dec. 1, 1990, 104 Stat.
5112, 5117; Pub. L. 104-317, title II, Secs. 201, 202(b), 207, Oct. 19,
1996, 110 Stat. 3848-3850; Pub. L. 106-518, title II, Secs. 202, 203(b),
Nov. 13, 2000, 114 Stat. 2412, 2414; Pub. L. 107-273, div. B, title III,
Sec. 3002(b), Nov. 2, 2002, 116 Stat. 1805.)
Historical and Revision Notes
Prior jurisdiction, powers, and procedure provisions in section
632.--Based on sections 27, 66, 67, 68, 80f, 100, 117e, 129, 172, 181b,
204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5, and 408m of title
16, U.S.C., 1940 ed., Conservation (May 7, 1894, ch. 72, Sec. 5, 28
Stat. 74; Apr. 20, 1904, ch. 1400, Sec. 6, 33 Stat. 188; Mar. 2, 1907,
ch. 2516, Secs. 1, 2, 34 Stat. 1218; Mar. 3, 1911, ch. 230, 36 Stat.
1086; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; Aug. 22, 1914, ch.
264, Sec. 6, 38 Stat. 700; June 30, 1916, ch. 197, Sec. 6, 39 Stat. 245;
Aug. 21, 1916, ch. 368, Sec. 6, 39 Stat. 523; June 2, 1920, ch. 218,
Secs. 7, 8, 41 Stat. 733; Apr. 25, 1928, ch. 434, Sec. 6, 45 Stat. 460;
Apr. 26, 1928, ch. 438, Sec. 6, 45 Stat. 464; Apr. 19, 1930, ch. 200,
Sec. 6, 4 Stat. 228; May 2, 1932, ch. 155, Sec. 3, 47 Stat. 145; June
25, 1935, ch. 309, Sec. 1, 49 Stat. 422; Aug. 19, 1937, ch. 703,
Secs. 5, 6, 50 Stat. 702; June 25, 1938, ch. 684, Sec. 1, 52 Stat. 1164;
June 28, 1938, ch. 778, Sec. 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40,
Sec. 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, Sec. 5, 56 Stat. 134; Mar.
6, 1942, ch. 151, Sec. 5, 56 Stat. 137; Apr. 29, 1942, ch. 264, Sec. 5,
56 Stat. 260; June 5, 1942, ch. 341, Sec. 5, 56 Stat. 318; Apr. 23,
1946, ch. 202, Sec. 2, 60 Stat. 120; June 24, 1946, ch. 463, Sec. 2, 60
Stat. 303).
Section consolidates provisions of sections 27, 66, 67, 68, 80f,
100, 117e, 129, 172, 181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-
5, 404c-5 and 408m of title 16, U.S.C., 1940 ed., relating to
jurisdiction and powers of park commissioners with necessary changes in
arrangement and phraseology. For other provisions of such sections, see
Distribution Table.
The provisions of sections 27, 66, 67, 68, 100, 117e, 129, 172,
181b, 204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of
title 16, U.S.C., 1940 ed., relating to the powers of park commissioners
respecting issuance of warrants of arrest and other process were omitted
and are recommended for repeal as covered by sections 3041 and 3141 of
revised title 18 (H.R. 1600, 80th Cong.), and Rules, 4, 5(c), and 9 of
the new Federal Rules of Criminal Procedure.
Provisions in sections 27, 66, 67, 68, 100, 117e, 129, 172, 181b,
204e, 256d, 376, 395e, 403c-5, 403c-6, 403h-5, 404c-5 and 408m of title
16, U.S.C., 1940 ed., for arrest without warrant for violation of law or
regulation within a national park were also omitted and are recommended
for repeal as covered by section 3054 of revised title 18 (H.R. 2200,
79th Cong.), Rule 4 of the Federal Rules of Criminal Procedure and Rule
4 of the Federal Rules of Civil Procedure.
Senate Revision Amendment
As finally enacted, section 158b of Title 16, U.S.C., which was
derived from act May 15, 1947, ch. 55, Sec. 2, 61 Stat. 92, was an
additional source of this section, and such act was accordingly included
by Senate amendment in the schedule of repeals. No change in the text of
the section was necessary as the result of inclusion of such section
158b. See 80th Congress Senate Report No. 1559.
As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which
amended section 403c-5 of Title 16, U.S.C., was an additional source of
this section, and such act was accordingly included by Senate amendment
in the schedule of repeals. See 80th Congress Senate Report No. 1559.
Prior oaths, acknowledgments, affidavits, and depositions provisions
in section 637.--Based on title 28, U.S.C., 1940 ed., Secs. 525, 758
(R.S. Sec. 945; May 28, 1896, ch. 252, Sec. 19, 29 Stat. 184; Mar. 2,
1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat.
1167).
This section consolidates part of section 525 with section 758 of
title 28, U.S.C., 1940 ed. The provision of said section 525 empowering
clerks and deputy clerks to administer oaths is incorporated in section
953 of this title. The provision of said section 758 that
acknowledgments of bail and affidavits should have the same effect as if
taken before judges was omitted as surplusage.
The exception as to Alaska, provided in section 591 of title 28,
U.S.C., 1940 ed., and referred to in section 525 of title 28, U.S.C.,
1940 ed., was omitted as unnecessary since section 108 of title 48,
U.S.C., 1940 ed., Territories and Insular Possessions, and section 1119
of the Compiled Laws of Alaska, 1933, give commissioners all powers of
notaries public. See also reviser's notes to sections 631 and 633 of
this title.
Word ``acknowledgments'' was inserted to make it clear that
commissioners, like justices of the peace, can take acknowledgments as
well as oaths, affidavits, etc.
The authority to take depositions was included to conform to Federal
Rules of Civil Procedure, Rule 28.
Changes were made in phraseology.
References in Text
The Rules of Criminal Procedure for the United States District
Courts, referred to in subsecs. (a)(1) and (e)(2)-(4), are set out in
the Appendix to Title 18, Crimes and Criminal Procedure.
The Federal Rules of Civil Procedure for the United States district
courts, referred to in subsecs. (b)(2), (c)(3), and (e)(4), are set out
in the Appendix to this title.
Amendments
2002--Subsec. (e)(2). Pub. L. 107-273, Sec. 3002(b)(1), inserted ``,
or both,'' after ``fine or imprisonment''.
Subsec. (e)(3). Pub. L. 107-273, Sec. 3002(b)(2), inserted ``or
both,'' after ``fine or imprisonment,''.
2000--Subsec. (a)(4), (5). Pub. L. 106-518, Sec. 203(b), added pars.
(4) and (5) and struck out former pars. (4) and (5) which read as
follows:
``(4) the power to enter a sentence for a petty offense that is a
class B misdemeanor charging a motor vehicle offense, a class C
misdemeanor, or an infraction; and
``(5) the power to enter a sentence for a class A misdemeanor, or a
class B or C misdemeanor not covered by paragraph (4), in a case in
which the parties have consented.''
Subsec. (e). Pub. L. 106-518, Sec. 202, amended subsec. (e)
generally. Prior to amendment, subsec. (e) specified conduct before a
magistrate judge which constituted contempt of court and prescribed
procedure for adjudicating and punishing contempts.
1996--Subsec. (a)(3). Pub. L. 104-317, Sec. 202(b)(1), substituted a
semicolon for ``, and'' at end.
Subsec. (a)(4), (5). Pub. L. 104-317, Sec. 202(b)(2), added pars.
(4) and (5) and struck out former par. (4) which read as follows: ``the
power to enter a sentence for a misdemeanor or infraction with the
consent of the parties.''
Subsec. (c)(3). Pub. L. 104-317, Sec. 207(1)(A), substituted ``The
consent of the parties'' for ``In this circumstance, the consent of the
parties''.
Subsec. (c)(4) to (7). Pub. L. 104-317, Sec. 207(1)(B), (C),
redesignated pars. (6) and (7) as (4) and (5) and struck out former
pars. (4) and (5) which read as follows:
``(4) Notwithstanding the provisions of paragraph (3) of this
subsection, at the time of reference to a magistrate, the parties may
further consent to appeal on the record to a judge of the district court
in the same manner as on an appeal from a judgment of the district court
to a court of appeals. Wherever possible the local rules of the district
court and the rules promulgated by the conference shall endeavor to make
such appeal inexpensive. The district court may affirm, reverse, modify,
or remand the magistrate's judgment.
``(5) Cases in the district courts under paragraph (4) of this
subsection may be reviewed by the appropriate United States court of
appeals upon petition for leave to appeal by a party stating specific
objections to the judgment. Nothing in this paragraph shall be construed
to be a limitation on any party's right to seek review by the Supreme
Court of the United States.''
Subsec. (d). Pub. L. 104-317, Sec. 207(2), struck out ``, and for
the taking and hearing of appeals to the district courts,'' after
``officers serving under this chapter''.
Subsec. (f). Pub. L. 104-317, Sec. 201, substituted ``subsection
(a), (b), or (c)'' for ``subsection (a) or (b)'' in first sentence.
1990--Subsec. (c)(2). Pub. L. 101-650 substituted ``the availability
of a magistrate to exercise'' for ``their right to consent to the
exercise of'' in first sentence and amended third sentence generally.
Prior to amendment, third sentence read as follows: ``Thereafter,
neither the district judge nor the magistrate shall attempt to persuade
or induce any party to consent to reference of any civil matter to a
magistrate.''
1988--Subsec. (a)(4). Pub. L. 100-690 added par. (4).
Subsec. (c)(7). Pub. L. 100-702, Sec. 1014, amended par. (7)
generally. Prior to amendment, par. (7) read as follows: ``The
magistrate shall determine, taking into account the complexity of the
particular matter referred to the magistrate, whether the record in the
proceeding shall be taken, pursuant to section 753 of this title, by
electronic sound recording means, by a court reporter appointed or
employed by the court to take a verbatim record by shorthand or by
mechanical means, or by an employee of the court designated by the court
to take such a verbatim record. Notwithstanding the magistrate's
determination, (A) the proceeding shall be taken down by a court
reporter if any party so requests, (B) the proceeding shall be recorded
by a means other than a court reporter if all parties so agree, and (C)
no record of the proceeding shall be made if all parties so agree.
Reporters referred to in this paragraph may be transferred for temporary
service in any district court of the judicial circuit for reporting
proceedings under this subsection, or for other reporting duties in such
court.''
Subsec. (d). Pub. L. 100-702, Sec. 404(b)(1), substituted ``section
2072 of this title'' for ``section 3402 of title 18, United States
Code''.
Subsec. (h). Pub. L. 100-659 inserted ``section 377 of this title or
in'' after ``annuity set forth in'' and ``which are applicable to such
magistrate'' after ``title 5'' in second sentence.
1986--Subsec. (h). Pub. L. 99-651 added subsec. (h).
1984--Subsec. (a)(2). Pub. L. 98-473 substituted ``issue orders
pursuant to section 3142 of title 18 concerning release or detention of
persons pending trial'' for ``impose conditions of release under section
3146 of title 18''.
Subsec. (c)(4). Pub. L. 98-620 struck out ``expeditious and'' before
``inexpensive''.
1979--Subsec. (c). Pub. L. 96-82, Sec. 2(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsecs. (d) to (g). Pub. L. 96-82, Sec. 2(1), redesignated former
subsecs. (c) to (f) as (d) to (g), respectively.
1977--Subsec. (f). Pub. L. 95-144 added subsec. (f).
1976--Subsec. (b). Pub. L. 94-577 completely revised provisions
under which additional duties may be assigned to a United States
Magistrate by allowing, among other additional duties, the assignment of
pretrial matters, dispositive motions, and service as a special master.
1972--Pub. L. 92-239, Sec. 2, substituted ``Jurisdiction, powers,
and temporary assignment'' for ``Jurisdiction and powers'' in section
catchline.
Subsec. (e). Pub. L. 92-239, Sec. 1, added subsec. (e).
1968--Pub. L. 90-578 substituted provisions declaratory of
jurisdiction and powers of United States magistrates for prior
provisions respecting rendition of accounts by United States
commissioners.
Change of Name
Words ``magistrate judge'', ``magistrate judge's'', and ``magistrate
judges'' substituted for ``magistrate'', ``magistrate's'', and
``magistrates'', respectively, wherever appearing in text pursuant to
section 321 of Pub. L. 101-650, set out as a note under section 631 of
this title.
Effective Date of 1988 Amendments
Amendment by section 404(b)(1) of Pub. L. 100-702 effective Dec. 1,
1988, see section 407 of Pub. L. 100-702, set out as a note under
section 2071 of this title.
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and applicable
to bankruptcy judges and magistrate judges who retire on or after Nov.
15, 1988, with exception for bankruptcy judges and magistrate judges
retiring on or after July 31, 1987, see section 9 of Pub. L. 100-659, as
amended, set out as an Effective Date note under section 377 of this
title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date
note under section 1657 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. 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.
Section Referred to in Other Sections
This section is referred to in sections 374, 375, 376, 377, 631, 633
of this title; title 7 section 2149; title 19 section 1915; title 46
sections 4311, 12309.
