You are here

What is a magistrate judge and why has my case been referred to one?

Type: 
Pro Se FAQ
Answer: 

All civil cases in the District of Kansas are assigned to one United States District Judge and one United States Magistrate Judge. A district judge may refer the case to the magistrate judge to handle during different parts of the case. For instance, a district judge may refer the case to the magistrate judge to handle all issues relating to discovery (for example identification and exchange of preliminary information, documents, exhibits, or witnesses). Many times, a district judge will refer the case to the magistrate judge for a report and recommendation on dispositive motions, such as motions to dismiss and motions for summary judgment. The magistrate judge will review the motion and issue a recommendation which advises the district judge what should happen with the motion. The parties then have ten days to object in writing to the recommendation. After the district judge considers the recommendation and any objections, the district judge will issue a decision. This decision is the final decision by the district court. A party who disagrees with the district court’s decision may be able to appeal it to the Tenth Circuit Court of Appeals at the end of the case.

Parties may consent to have the entire case handled by the magistrate judge. In such cases, the district judge will take no part in the case.