2010 US Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
TITLE 28 - APPENDIX
FEDERAL RULES OF APPELLATE PROCEDURE
Rule 3.1 - Appeal from a Judgment of a Magistrate Judge in a Civil Case
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 4, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE TITLE 28 - APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT Rule 3.1 - Appeal from a Judgment of a Magistrate Judge in a Civil Case |
Contains | rule 3.1 |
Date | 2010 |
Laws in Effect as of Date | January 7, 2011 |
Positive Law | Yes |
Disposition | standard |
Public Law Reference | Public Law 104-317 |
[Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case] (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998) Committee Notes on Rules—1998 Amendment
The Federal Courts Improvement Act of 1996, Pub. L. No. 104–317, repealed paragraphs (4) and (5) of 28 U.S.C. §636(c). That statutory change means that when parties consent to trial before a magistrate judge, appeal lies directly, and as a matter of right, to the court of appeals under §636(c)(3). The parties may not choose to appeal first to a district judge and thereafter seek discretionary review in the court of appeals.
As a result of the statutory amendments, subdivision (a) of Rule 3.1 is no longer necessary. Since Rule 3.1 existed primarily because of the provisions in subdivision (a), subdivision (b) has been moved to Rule 3(a)(3) and Rule 3.1 has been abrogated.
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