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The law › Title 28, Judiciary and Judicial Procedure › Chapter 43

28 U.S.C. 636: Jurisdiction, powers, and temporary assignment

Created in 1968 by Public Law 90-578. Changed by 16 later laws. No bill we track in this Congress changes it.

4 other sections of the Code cite this one, including 7 U.S.C. 2149, 28 U.S.C. 1915, 46 U.S.C. 4311, 46 U.S.C. 12309.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2009

    • Pub. L. 111–16 substituted "fourteen days" for "ten days" in concluding provisions. Law text · (b)

    2005

    • Pub. L. 109–63 substituted "district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—" for "territorial jurisdiction prescribed by his appointment—" in introductory provisions. (Federal Judiciary Emergency Special Sessions Act of 2005) Law text · (a)

    2002

    • Pub. L. 107–273, §3002(b)(1), inserted ", or both," after "fine or imprisonment". (21st Century Department of Justice Appropriations Authorization Act) Law text · (e)
    • Pub. L. 107–273, §3002(b)(2), inserted "or both," after "fine or imprisonment,". (21st Century Department of Justice Appropriations Authorization Act) Law text · (e)

    2000

    • Pub. L. 106–518, §203(b), added pars. (4) and (5) and struck out former pars. (4) and (5) which read as follows: (Federal Courts Improvement Act of 2000) Law text · (a), (5)
    • Pub. L. 106–518, §202, amended subsec. (e) generally. Prior to amendment, subsec. (e) specified conduct before a magistrate judge which constituted contempt of court and prescribed procedure for adjudicating and punishing contempts. (Federal Courts Improvement Act of 2000) Law text · (e)

    1996

    • Pub. L. 104–317, §202(b)(1), substituted a semicolon for ", and" at end. Law text · (a)
    • Pub. L. 104–317, §202(b)(2), added pars. (4) and (5) and struck out former par. (4) which read as follows: "the power to enter a sentence for a misdemeanor or infraction with the consent of the parties." Law text · (a), (5)
    • Pub. L. 104–317, §207(1)(A), substituted "The consent of the parties" for "In this circumstance, the consent of the parties". Law text · (c)
    • Pub. L. 104–317, §207(1)(B), (C), redesignated pars. (6) and (7) as (4) and (5) and struck out former pars. (4) and (5) which read as follows: Law text · (c)
    • Pub. L. 104–317, §207(2), struck out ", and for the taking and hearing of appeals to the district courts," after "officers serving under this chapter". Law text · (d)
    • Pub. L. 104–317, §201, substituted "subsection (a), (b), or (c)" for "subsection (a) or (b)" in first sentence. Law text · (f)

    1990

    • Pub. L. 101–650 substituted "the availability of a magistrate to exercise" for "their right to consent to the exercise of" in first sentence and amended third sentence generally. Prior to amendment, third sentence read as follows: "Thereafter, neither the district judge nor the magi… · (c)

    1988

    • Pub. L. 100–690 added par. (4). · (a)
    • 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… · (c)
    • Pub. L. 100–702, §404(b)(1), substituted "section 2072 of this title" for "section 3402 of title 18, United States Code". · (d)
    • 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. · (h)

    1986

    • Pub. L. 99–651 added subsec. (h). · (h)

    1984

    • Pub. L. 98–473 substituted "issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial" for "impose conditions of release under section 3146 of title 18". · (a)
    • Pub. L. 98–620 struck out "expeditious and" before "inexpensive". · (c)

    1979

    • Pub. L. 96–82, §2(2), added subsec. (c). Former subsec. (c) redesignated (d). · (c)
    • Pub. L. 96–82, §2(1), redesignated former subsecs. (c) to (f) as (d) to (g), respectively. · (d), (e), (f), (g)

    1977

    • Pub. L. 95–144 added subsec. (f). · (f)

    1976

    • Pub. L. 94–577 completely revised provisions under which additional duties may be assigned to a United States Magistrate by allowing, among other additional duties, the assignment of pretrial matters, dispositive motions, and service as a special master. · (b)

    1972

    • Pub. L. 92–239, §2, substituted "Jurisdiction, powers, and temporary assignment" for "Jurisdiction and powers" in section catchline.
    • Pub. L. 92–239, §1, added subsec. (e). · (e)

    1968

    • Pub. L. 90–578 substituted provisions declaratory of jurisdiction and powers of United States magistrates for prior provisions respecting rendition of accounts by United States commissioners.

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.