Form · Commercial Litigation & Dispute Resolution

AO 85 notice, consent and reference of a civil action to a magistrate judge

Link to AO 85. A magistrate judge may conduct the civil action and enter final judgment only if all parties consent. Withholding consent has no adverse substantive consequences.

Kind: Form. A form to complete, or a guide to completing an official one.
Where it applies: United States
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 22 October 2026
Status: Maintained. Checked on 22 October 2026 against the official form at uscourts.gov and the 4 authorities it cites, for United States.
Version: 1
Source: Link to the official form. Licence: Link only. Administrative Office of the U.S. Courts form. Download the current AO 85 from uscourts.gov each time; do not copy or adapt it.

Where this comes from

The official form is published by uscourts.gov; this page is a completion guide. Last checked on 2026-10-22.

When to use it

Use when the district clerk notifies the parties that a magistrate judge may conduct the civil action under 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. Return the form to the clerk only if consenting. Do not return it to a judge.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may list who has and has not signed AO 85 and check the form's warnings; the lawyer decides whether the client consents, and the form goes back to the clerk only if it does.

AI may

List each party and whether the file contains a signed consent, without telling a judge who has not consented
Check that a draft still contains the form's statements that consent must be voluntary, that withholding consent has no adverse substantive consequences, and that the form is returned to the clerk only if consenting
Diary any consent deadline stated in the district's local rules or the clerk's notice, once the lawyer identifies that source

AI must not

Must not recommend consent or refusal
Must not reveal a party's refusal to a judge who may hear the case
Must not return the form to a district judge or a magistrate judge
Must not treat consent as given by fewer than all parties

The lawyer checks

Every party consents. Rule 73(a) and § 636(c) require the parties' consent before the magistrate judge conducts the action and orders judgment
The form is returned to the clerk of court only if the party is consenting, and is not returned to a judge. The form says the name of a party withholding consent will not be revealed to any judge who may otherwise be involved
The parties have been told they may withhold consent without adverse substantive consequences (Rule 73(b) and the form)
A judgment entered at the magistrate judge's direction is appealed to the court of appeals as any other district-court judgment (Rule 73(c) and § 636(c)(3))
The reference order is signed by the district judge. The court may vacate a reference for good cause on its own motion, or under extraordinary circumstances shown by a party (§ 636(c))

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: Link only. Administrative Office of the U.S. Courts form. Download the current AO 85 from uscourts.gov each time; do not copy or adapt it..

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