28 U.S.C. § 638 — Dockets and forms; United States Code;

Page 314 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 637 right to consent to the exercise of’’ in first sentence and amended third sentence generally. Prior to amend- ment, third sentence read as follows: ‘‘Thereafter, nei- ther the district judge nor the magistrate shall at- tempt 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, § 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 elec- tronic sound recording means, by a court reporter ap- pointed 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 mag- istrate’s determination, (A) the proceeding shall be taken down by a court reporter if any party so re- quests, (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 par- ties so agree. Reporters referred to in this paragraph may be transferred for temporary service in any dis- trict court of the judicial circuit for reporting pro- ceedings under this subsection, or for other reporting duties in such court.’’ Subsec. (d). Pub. L. 100–702, § 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 re- lease 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, § 2(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsecs. (d) to (g). Pub. L. 96–82, § 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 as- signed to a United States Magistrate by allowing, among other additional duties, the assignment of pre- trial matters, dispositive motions, and service as a spe- cial master. 1972—Pub. L. 92–239, § 2, substituted ‘‘Jurisdiction, powers, and temporary assignment’’ for ‘‘Jurisdiction and powers’’ in section catchline. Subsec. (e). Pub. L. 92–239, § 1, added subsec. (e). 1968—Pub. L. 90–578 substituted provisions declara- tory of jurisdiction and powers of United States mag- istrates for prior provisions respecting rendition of ac- counts by United States commissioners. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’, ‘‘magistrate judge’s’’, and ‘‘magistrate judges’’ substituted for ‘‘magistrate’’, ‘‘magistrate’s’’, and ‘‘magistrates’’, respectively, wher- ever 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 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by section 404(b)(1) of Pub. L. 100–702 ef- fective 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 excep- tion for bankruptcy judges and magistrate judges retir- ing 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 amend- ment 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. § 637. Training The Federal Judicial Center shall conduct periodic training programs and seminars for both full-time and part-time United States mag- istrate judges, including an introductory train- ing program for new magistrate judges, to be held within one year after initial appointment. (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted provisions for peri- odic training programs and seminars for United States magistrates for prior authorization of United States commissioners to administer oaths and take bail, ac- knowledgements, affidavits, and depositions, now in- corporated in section 636(a)(2) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judges’’ substituted for ‘‘mag- istrates’’ wherever appearing in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 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 amend- ment 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. § 638. Dockets and forms; United States Code; seals (a) The Director shall furnish to United States magistrate judges adequate docket books and forms prescribed by the Director. The Director shall also furnish to each such officer a copy of the current edition of the United States Code. Page 315 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 639 (b) All property furnished to any such officer shall remain the property of the United States and, upon the termination of his term of office, shall be transmitted to his successor in office or otherwise disposed of as the Director orders. (c) The Director shall furnish to each United States magistrate judge appointed under this chapter an official impression seal in a form pre- scribed by the conference. Each such officer shall affix his seal to every jurat or certificate of his official acts without fee. (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 528, 528a (June 28, 1906, ch. 3573, 34 Stat. 546; July 10, 1946, ch. 548, 60 Stat. 525). Section consolidates section 528 and part of section 528a of title 28, U.S.C., 1940 ed., with changes in phrase- ology necessary to effect consolidation. Provisions of section 528a of title 28, U.S.C., 1940 ed., relating to dockets and forms, are incorporated in sec- tion 639 of this title. Words ‘‘Director of the Administrative Office of the United States Courts’’ were substituted for ‘‘Attorney General’’, contained in section 528 of title 28, U.S.C., 1940 ed., in view of Act Aug. 7, 1939, ch. 501, § 6, 53 Stat. 1226, 28 U.S.C., 1940 ed., following § 446, giving the Direc- tors supervision of court administrative matters. Changes in phraseology were made. Editorial Notes AMENDMENTS 1968—Subsec. (a). Pub. L. 90–578 incorporated in provi- sions designated as subsec. (a) provisions of first par. of former section 639 of this title, substituting ‘‘United States magistrates’’ for prior designation as ‘‘United States Commissioners’’, specifying that the copy of the United States Code be a current edition, and dispensing with approval by the chief judge of the district court for a copy of such Code. Subsec. (b). Pub. L. 90–578 incorporated in provisions designated as subsec. (b) provisions of the second par. of former section 639 of this title. Subsec. (c). Pub. L. 90–578 designated existing provi- sions as subsec. (c), and substituted ‘‘United States magistrate’’ for ‘‘United States commissioner’’, provi- sion for appointment under this chapter rather than after July 10, 1946, provision that the form of the seal be prescribed by the conference rather than the Direc- tor, and ‘‘without fee’’ for ‘‘without additional fee’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ and ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrates’’ and ‘‘United States magistrate’’, respectively, in subsecs. (a) and (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 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 amend- ment 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. § 639. Definitions As used in this chapter— (1) ‘‘Conference’’ shall mean the Judicial Conference of the United States; (2) ‘‘Council’’ shall mean the Judicial Coun- cil of the Circuit; (3) ‘‘Director’’ shall mean the Director of the Administrative Office of the United States Courts; (4) ‘‘Full-time magistrate judge’’ shall mean a full-time United States magistrate judge; (5) ‘‘Part-time magistrate judge’’ shall mean a part-time United States magistrate judge; and (6) ‘‘United States magistrate judge’’ and ‘‘magistrate judge’’ shall mean both full-time and part-time United States magistrate judges. (June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90–578, title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 528a (July 10, 1946, ch. 548, 60 Stat. 525). Provisions of section 528a of title 28, U.S.C., 1940 ed., for furnishing seal is included in section 638 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted definition provisions for prior requirements obligating the Director to fur- nish docket books and forms to United States commis- sioners and, with approval of the chief judge of the dis- trict court, a copy of the United States Code, declaring such property to remain United States property, and calling for transmission of such property to successors in office or for its disposal as directed by the Director, now incorporated in section 638(a) and (b) of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ and ‘‘magistrate judges’’ substituted for ‘‘magistrate’’ and ‘‘magistrates’’, re- spectively, wherever appearing in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 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 amend- ment 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. CHAPTER 44—ALTERNATIVE DISPUTE RESOLUTION Sec. 651. Authorization of alternative dispute resolu- tion. 652. Jurisdiction. 653. Neutrals. 654. Arbitration. 655. Arbitrators. 656. Subpoenas. 657. Arbitration award and judgment. 658. Compensation of arbitrators and neutrals. Editorial Notes AMENDMENTS 1998—Pub. L. 105–315, § 12(b)(1), (2), Oct. 30, 1998, 112 Stat. 2998, substituted ‘‘ALTERNATIVE DISPUTE