AO 85

Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

Agency
U.S. Courts
Revision
Rev. 02/17
Fillable fields
19
Pages
1
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill AO 85 online
Page 1 of form AO 85

AO 85: Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

AO 85, Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, is a one-page United States District Court form for a civil action. The U.S. Courts list it under Civil Forms. The current version is Rev. 02/17, and the U.S. Courts page lists it as effective on February 1, 2017.

The form has three parts. A notice says a United States magistrate judge of the court is available to conduct all proceedings in the civil action, including a jury or nonjury trial, and to order the entry of a final judgment. A consent block holds the printed names, signatures and dates of the parties or attorneys who consent. A reference order, signed by the district judge, refers the case under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. The form says a magistrate judge may exercise this authority only if all parties voluntarily consent.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of AO 85: Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, as printed by COURTS

What's on AO 85

Caption

The district, the plaintiff, the defendant and the civil action number.

Notice of a magistrate judge's availability

A magistrate judge is available to conduct all proceedings, including a jury or nonjury trial, and to order the entry of a final judgment, which the form says may then be appealed directly to the United States court of appeals like any other judgment of the court.

Withholding consent

The form says consent may be withheld without adverse substantive consequences, and the name of any party withholding consent will not be revealed to any judge who may otherwise be involved with the case.

Consent to a magistrate judge's authority

The parties listed consent to have a magistrate judge conduct all proceedings, including trial, the entry of final judgment and all post-trial proceedings, with printed names, signatures and dates.

Reference Order

IT IS ORDERED that the case is referred to a magistrate judge in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, with the date and the district judge's signature, printed name and title.

How AO 85 is filled out

  1. 1

    Fill in the caption

    Enter the district, the plaintiff, the defendant and the civil action number.

  2. 2

    Read the notice

    The notice paragraphs describe what a magistrate judge may do with consent and what happens to the name of a party who withholds it.

  3. 3

    Parties or attorneys sign

    Each consenting party or attorney prints a name, signs and dates the consent block.

  4. 4

    Return it to the clerk

    The note says to return the form to the clerk of court only if consenting, and not to return it to a judge.

  5. 5

    District judge signs the order

    The Reference Order is dated and signed by the district judge, with a printed name and title.

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Where it goes, fees and formats

Where it goes

The note says: "Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge."

All parties

The form says a magistrate judge may exercise this authority only if all parties voluntarily consent.

Appeal

The form says the judgment may be appealed directly to the United States court of appeals like any other judgment of the court.

Fees

The form does not print a fee.

Format

The U.S. Courts page offers AO 85 as a PDF.

Related forms

Who uses AO 85?

  • Parties and their attorneys

    The consent block has columns for printed names of parties and attorneys, their signatures and dates. The form says a party may consent or withhold consent without adverse substantive consequences.

  • The district judge

    The Reference Order is dated and signed by the district judge, with a printed name and title.

  • The magistrate judge

    The order refers the case to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment.

  • The clerk of court

    The note at the bottom says to return the form to the clerk of court only if consenting to the exercise of jurisdiction by a United States magistrate judge, and not to return it to a judge.

The form names who signs the consent, who signs the order and where the form goes.

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Questions about Form AO 85

What does AO 85 do?

It gives notice that a United States magistrate judge is available, records the consent of the parties to have a magistrate judge conduct all proceedings and order the entry of a final judgment, and holds the district judge's reference order.

Do all parties have to consent?

The form says a magistrate judge may exercise this authority only if all parties voluntarily consent.

Is a party's refusal shown to the judge?

The form says the name of any party withholding consent will not be revealed to any judge who may otherwise be involved with the case.

Where is AO 85 returned?

To the clerk of court, and only if the party is consenting. The form says not to return it to a judge.

How is AO 85 different from AO 85A?

AO 85 covers all proceedings in a civil action, including trial and final judgment. AO 85A covers dispositive motions identified by document number and title.

Is this page legal advice?

No. This page explains what the printed form says in plain words and does not say whether anyone should consent.