28 U.S.C. § 637 — Training

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.