Can this document be signed electronically?

Yes. Electronic signatures are generally valid under the ESIGN Act and UETA when the signature demonstrates intent, the parties consent to electronic records, attribution is clear, and the record is retained in a reproducible form; exceptions for certain documents may apply.

Does the order require notarization or witnesses?

Not typically for the notice itself, but local court rules or state law may require notarization or witness affidavits for certain related documents; remote online notarization (RON) may be acceptable where state rules permit and identity proofing is used.

What if a party later disputes the consent?

A court may consider motions to set aside a referral if consent was procured by fraud or mistake; preserve documentary evidence of signatures, communications, and any authentication used to reduce risk of successful challenge.

Are referee findings final and unreviewable?

That depends on the order and governing law: some references produce final binding determinations, others yield advisory reports subject to de novo review; state or local rules and the terms of the order control appellate rights.

What evidence is needed to prove an electronic signature?

Provide the platform's certificate of completion showing signer identity, timestamp, IP address, and action log; stronger authentication (SMS code, KBA, SAML) improves evidentiary weight in contested matters.

How do I correct clerical errors after filing?

File an amended notice or a motion to correct the record with the court, serve all parties, and obtain an amended or corrected order; do not rely on informal corrections without court approval.

Electronic Signature
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Notice of Consent and Order of Reference

Notice of Consent and Order of Reference

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the Notice of Consent and Order of Reference Is

The Notice of Consent and Order of Reference is a judicial document used in civil litigation where parties formally agree to refer a case, claim, or specific issue to a third-party decisionmaker such as an arbitrator, special master, or referee, and the court enters an order effectuating that referral. It records the parties' consent, identifies the scope of matters transferred, and sets procedural parameters for the reference, including timeframes and authority. Once entered, the order typically binds the parties to the referee’s findings or arbitration award to the extent permitted by governing rules and applicable state or federal law.

Why parties use a Notice of Consent and Order of Reference

Using a Notice of Consent and Order of Reference streamlines dispute resolution by documenting mutual agreement and securing a court order that defines scope, process, and timelines. It clarifies authority, reduces motion practice, and preserves enforceability of the referee’s or arbitrator’s determinations under applicable law.

Who typically prepares and signs this document

Typical users include litigants, counsel, and judges who agree to refer discrete issues to an arbitrator, special master, or referee.

Litigants: parties who consent to transfer proceedings or discrete issues for determination.
Attorneys: counsel who draft the consent, define scope, and agree procedural terms.
Courts: judges issue the order of reference to formalize and limit the referee’s remit.

Core elements to include in the Notice of Consent and Order of Reference

A professional Notice of Consent and Order of Reference clearly identifies parties, defines scope, sets authority and timeline, specifies procedures, and provides signature and filing instructions to ensure enforceability.

Parties

Identify each consenting party by full legal name, role in litigation, and contact information; include counsel names and addresses to avoid ambiguity and enable service of further notices.

Scope

Describe precisely what is being referred: entire case, specific claims, or limited factual or technical issues; include procedural limits and any exclusions to prevent disputes later.

Decisionmaker

Name the arbitrator, special master, or referee and describe selection method, qualifications, and authority levels, including whether findings are final, advisory, or subject to de novo review.

Authority

State the legal basis for referral, applicable rules, and whether the referee may take testimony, enter findings, or award fees; reference governing court rule or statute.

Timelines

Set deadlines for appointment, discovery, hearings, submission of reports, and final rulings; include procedures for extensions and notice to the court and opposing parties.

Signatures

Include dated signature blocks for parties and counsel and a judge’s signature line; note requirements for notarization or electronic signatures where permitted.

Step-by-step: prepare and file a Notice of Consent and Order of Reference

Follow these steps to prepare, execute, and file a Notice of Consent and Order of Reference in civil litigation.

01

Draft Consent: Document parties’ agreement and define referral scope in writing.
02

Obtain Signatures: Collect dated signatures from parties and counsel.
03

Submit to Court: File notice and proposed order with clerk.
04

Judge Signs Order: Court enters order formalizing the reference.

How to configure an online workflow for this notice

Set up an online workflow to collect consents, attach supporting exhibits, and produce a court-ready order using conditional fields and signer authentication.

Field	Configuration
Case Caption	Auto-populate from template; magic fields detect docket number
Signer Authentication	Email link with SMS code or KBA as needed
Conditional Sections	Show referee details only when referral selected
Final PDF	Flatten fields; include signed audit trail

Technical requirements for electronic signing and e-submission

Digital filing and e-signature workflows should use court-accepted formats, signer authentication, and complete audit trails to support admissibility and verification.

File Formats: PDF/A and flattened PDF recommended
Authentication: Email plus SMS, KBA, or SAML SSO
Audit Trail: Timestamp, IP, and action log included

Where to file and who receives the executed notice

This sequence shows destinations for the executed Notice and the Order of Reference, including clerk filing and service to the referee and opposing counsel.

File with Clerk: File original and proposed order with the court clerk.
Serve Parties: Serve all counsel and parties per local rules.
Serve Referee: Provide referee with notice, exhibits, and procedural directives.
Record Keeping: Retain filed copies and signed referee report for the docket.

Common deadlines and timeline items to include

Key filing and response deadlines vary by jurisdiction; the following dates are common milestones to include in the notice and order.

Consent Filing:

File notice upon agreement; no fixed federal deadline.

Referee Appointment:

Appoint and notify within court-ordered timeframe, often 14–30 days.

Discovery Cutoff:

Set discovery deadline tied to the referee’s schedule.

Hearing Dates:

Schedule hearings with at least 14–30 days notice to parties.

Final Report Deadline:

Require referee report within specified days, commonly 30–90 days.

Milestone timeline from consent to court entry

Follow these milestone stages from agreement through entry of the referee's report to track progress and court interaction.

01

Agreement Reached

Parties sign consent and finalize the scope of reference.

02

Order Submitted

Submit proposed order to the court for entry.

03

Referee Proceedings

Conduct hearings, receive evidence, and document the record before the referee.

04

Report & Entry

Referee files report; court reviews and enters judgment if appropriate.

Common preparation and filing pitfalls to avoid

Vague scope language that fails to exclude matters can lead to motions to clarify and delay resolution.
Missing or mismatched party names or case captions often result in clerical rejections by the clerk's office and refiling delays.
Failing to set specific deadlines for reports and hearings invites procedural disputes, continuances, and unnecessary motion practice.
Neglecting authentication and audit trail details when using electronic signatures may raise admissibility issues in contested post-reference proceedings.

Consequences of errors in the notice or order

Delay: Court may reject filing

Enforceability: Referral may be voided if consent defective

Costs: Additional fees and motion practice

Evidence Issues: Records inadmissible without audit trail

Sanctions: Court may impose sanctions for misconduct

Appeals: Limited review may be available

Required information to include in the notice and order

Party Identity: Full legal names and roles

Case Details: Court name and docket number

Scope Description: Precise issues and stated exclusions

Decisionmaker Info: Name and qualifications

Deadlines: Dates in MM/DD/YYYY

Signature Evidence: Dated signatures and audit trail

eSignature vendor comparison for executing and filing the notice

Significant vendor differences affect cost, HIPAA support, bulk workflows, and envelope limits; signNow appears first for comparative clarity.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Real-world examples showing practical use of the notice

Two examples illustrate how parties and counsel use a Notice of Consent and Order of Reference to avoid extended court hearings and speed technical factfinding.

Optica Ventures LLC

Optica Ventures used a Notice of Consent and Order of Reference to delegate complex valuation issues to a neutral referee, reducing court time and litigation expense.

Referee resolved technical accounting issues efficiently.
As Brian Fitzgibbons, COO of Optica Ventures, observed: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." The platform-supported workflow helped deliver timely signed referrals and preserved the record for the court.

Martin Properties

A real estate operator used the notice to refer contested closing issues and title discrepancies to a special master, avoiding full bench hearings and speeding resolution.

Special master issued binding factual findings.
Tim Martin, Founder of Martin Properties, stated: "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently." The streamlined referral limited litigation exposure and accelerated settlement options.

Practical tips for accurate, enforceable notices and orders

Follow these best practices to reduce objections, support enforceability, and preserve a clear record for the court and the referee.

Define the reference scope precisely in writing

Use unambiguous language to list included and excluded matters, reference specific causes or factual questions, and attach any exhibits that clarify the scope to avoid subsequent jurisdictional challenges.

Document decisionmaker selection and qualifications clearly

Specify how the arbitrator or referee was chosen, list credentials or licensing, and state whether the decision will be final or subject to judicial review to manage expectations and appellate posture.

Include concrete deadlines and extension procedures

Set explicit dates for appointment, hearings, discovery, and report submission, and define how extensions will be requested and granted to reduce disputes about timeliness.

Preserve a robust audit trail for electronic signatures

When using electronic signing, ensure the platform produces timestamps, IP addresses, signer authentication records, and a certificate of completion so the court can verify attribution and integrity.

Frequently asked questions about the Notice of Consent and Order of Reference

Answers to common technical, procedural, and evidentiary questions that arise when preparing, signing, and filing a Notice of Consent and Order of Reference.

Need help? Contact support

Can this document be signed electronically?
Yes. Electronic signatures are generally valid under the ESIGN Act and UETA when the signature demonstrates intent, the parties consent to electronic records, attribution is clear, and the record is retained in a reproducible form; exceptions for certain documents may apply.
Does the order require notarization or witnesses?
Not typically for the notice itself, but local court rules or state law may require notarization or witness affidavits for certain related documents; remote online notarization (RON) may be acceptable where state rules permit and identity proofing is used.
What if a party later disputes the consent?
A court may consider motions to set aside a referral if consent was procured by fraud or mistake; preserve documentary evidence of signatures, communications, and any authentication used to reduce risk of successful challenge.
Are referee findings final and unreviewable?
That depends on the order and governing law: some references produce final binding determinations, others yield advisory reports subject to de novo review; state or local rules and the terms of the order control appellate rights.
What evidence is needed to prove an electronic signature?
Provide the platform's certificate of completion showing signer identity, timestamp, IP address, and action log; stronger authentication (SMS code, KBA, SAML) improves evidentiary weight in contested matters.
How do I correct clerical errors after filing?
File an amended notice or a motion to correct the record with the court, serve all parties, and obtain an amended or corrected order; do not rely on informal corrections without court approval.

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