Wynsma and Avena: Navigating California’s New Opt-Out Program
Under the U.S. District Court for the Central District of California’s opt-out program, which took effect in December 2024, civil cases can be directly assigned to a magistrate judge unless a party opts out by a certain deadline. In an article for the Daily Journal, Shook Partner Tom Wynsma and Associate Kristine Avena discuss the program and key considerations for deciding to consent to a magistrate judge.
In “Navigating California’s New Opt-Out Magistrate Judge Program,” Wynsma and Avena said parties have 14 days from the service of the complaint, or seven days for a notice of removal, to decline consent to the assigned magistrate judge. One important consideration they identify is time, noting that district judges typically have calendar congestion from a heavy docket and prioritize criminal trials due to constitutional protections for criminal defendants.
“Therefore, your civil trial, which has been scheduled for over a year in advance, can potentially be rescheduled with short notice in order to accommodate a criminal trial,” they said. “This can be extremely costly and inconvenient for your clients, for example, if you have corporate officers traveling and appearing as witnesses for the trial.”
Read more in the Daily Journal >>
In “Navigating California’s New Opt-Out Magistrate Judge Program,” Wynsma and Avena said parties have 14 days from the service of the complaint, or seven days for a notice of removal, to decline consent to the assigned magistrate judge. One important consideration they identify is time, noting that district judges typically have calendar congestion from a heavy docket and prioritize criminal trials due to constitutional protections for criminal defendants.
“Therefore, your civil trial, which has been scheduled for over a year in advance, can potentially be rescheduled with short notice in order to accommodate a criminal trial,” they said. “This can be extremely costly and inconvenient for your clients, for example, if you have corporate officers traveling and appearing as witnesses for the trial.”
Read more in the Daily Journal >>
