---
title: "AO 85 notice, consent and reference of a civil action to a magistrate judge"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-85-magistrate-consent"
type: "precedent"
site: "AI Law Framework"
id: "a5-us-ao-85-magistrate-consent"
area_id: "A5"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A5-T1-R2", "A5-V20260923-2"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-85-magistrate-consent  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the official form at uscourts.gov and the 4 authorities it cites, for United States.

## 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

- [Draft pleadings from the facts-and-issues brief](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/draft-pleadings-from-the-facts-and-issues-brief.md)
- [Check procedural citations against the court rules](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/check-procedural-citations-against-the-court-rules.md)

## 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))

## Authorities

- [Administrative Office of the U.S. Courts, Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (AO 85), effective 1 February 2017](https://www.uscourts.gov/forms-rules/forms/notice-consent-and-reference-a-civil-action-a-magistrate-judge)
- [AO 85 (PDF)](https://www.uscourts.gov/sites/default/files/ao085.pdf)
- [Federal Rule of Civil Procedure 73 (Legal Information Institute)](https://www.law.cornell.edu/rules/frcp/rule_73)
- [28 U.S.C. § 636 (Legal Information Institute)](https://www.law.cornell.edu/uscode/text/28/636)

## Official form

[Official form](https://www.uscourts.gov/forms-rules/forms/notice-consent-and-reference-a-civil-action-a-magistrate-judge)

## Where this comes from

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

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/us-ao-85-magistrate-consent and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*