Consent To Trial Before Magistrate Judge May Be Implied

The U.S. Supreme Court has relaxed the requirement that consent to trial before a Magistrate Judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73(b) must be in writing. In Roell v. Withrow, 538 U.S. 580 (Apr. 29, 2003), the Court held that the consent necessary for jurisdiction before a full-time Magistrate Judge may be inferred where the litigant was aware of the need for consent and the right to refuse it, but voluntarily appeared and tried the case before the Magistrate Judge. This decision overrules circuit decisions which had required written consent.