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Justia Notice of Consent and Order of Reference

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AO 85 (Rev. 8/98) Notice, Consent, and Order of Reference Exercise of Jurisdiction by a United States Magistrate Judge

UNITED STATES DISTRICT COURT

District of

Plaintiff

V.

Defendant

NOTICE, CONSENT, AND ORDER OF REFERENCE
EXERCISE OF JURISDICTION BY A UNITED STATES
MAGISTRATE JUDGE

Case Number:

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE
TO EXERCISE JURISDICTION

In accordance with the provisions of 28 U.S.C. §636(c), and Fed.R.Civ.P. 73, you are notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent.

You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned.

An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of this district court.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with provisions of 28 U.S.C. §636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States magistrate judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings.

Party Represented

Signatures

Date

ORDER OF REFERENCE

IT IS ORDERED that this case be referred to

United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. §636(c) and Fed.R.Civ.P. 73.

Date

United States District Judge

NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED
ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

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What the Justia Notice of Consent and Order of Reference Is

The Justia Notice of Consent and Order of Reference is a court filing used when parties agree to refer a civil case or specific matter to a magistrate judge or other judicial officer for proceedings or entry of final judgment. It combines a party's written consent with an order directing the clerk to refer the case and records the court's acceptance of that referral in the case docket.

Why parties file a Notice of Consent and Order of Reference

Filing this notice documents voluntary consent to a magistrate judge and accelerates case management by formalizing the referral and clarifying which judge will handle dispositive or non-dispositive matters.

Why parties file a Notice of Consent and Order of Reference

Who typically completes and files this notice

Attorneys and self-represented litigants use this document to record consent and ask the court to refer all or part of a case to a magistrate judge.

  • Civil plaintiffs and defendants who want expedited resolution through magistrate proceedings.
  • Defense and plaintiff counsel coordinating consent language and proposed order for the clerk.
  • Court clerks and magistrate judges who process the referral and enter the order on the docket.

The notice reduces uncertainty by creating a clear paper trail that both parties and the clerk can rely on when routing the case to the assigned judicial officer.

Representative signers and filers

Plaintiff Attorney

A licensed litigator who signs the consent on behalf of the plaintiff and certifies authority to do so; typically prepares the proposed order for the court and coordinates service on opposing counsel.

Magistrate Judge

The judicial officer who will receive the referral and, once the clerk enters the order, will conduct proceedings or enter final judgment as consented by the parties under applicable local rules.

Key legal and security elements to record

Consent Language: Exact consent text
Case Caption: Complete caption
Case Number: District case number
Judge Name: Assigned judge
Signature Block: Signer name and role
Service Info: Certificate of service

Risks and legal consequences of errors

Invalid Consent: May void referral
Wrong Case Number: Clerical misfiling risk
Missing Signatures: Noncompliant filing
Late Service: Procedural objections possible
Unauthorized Signer: Challenge to authority
Improper Venue: Referral may be rejected

Common preparation mistakes to avoid

  • Using incomplete case captions that omit a party or the full court name, which can delay docketing and require an amended notice.
  • Attaching a proposed order with inconsistent language or failing to indicate the scope of matters to be referred, prompting judicial clarification.
  • Submitting unsigned consent pages or relying on initials where a full signature is required, risking clerk rejection.
  • Failing to serve opposing counsel and file a certificate of service, which can result in procedural objections or rehearing requests.

Step-by-step: Completing the Notice and Order of Reference

Follow these sequential steps to prepare, sign, and file a correct Notice of Consent and Order of Reference in federal court.

  • 01
    Prepare caption: Enter complete court, case number, and party names.
  • 02
    Draft consent: Include explicit consent and identify scope of referral.
  • 03
    Proposed order: Attach an order stating referral terms and judge title.
  • 04
    Sign & serve: Have parties sign and file certificate of service.

Where the notice goes and how the court processes it

This overview shows typical routing after all parties sign the consent and the proposed order is filed.

  • File with Clerk: E-file the notice and proposed order in the existing case docket.
  • Clerk Review: Clerk checks caption, signatures, and certificate of service.
  • Judge Acceptance: Assigned judge or magistrate signs the order accepting referral.
  • Docket Entry: Order of reference is entered on the public docket.

Anatomy of a professional Notice of Consent and Order of Reference

A complete document contains standard components that courts expect; include each element precisely to avoid processing delays.

Document Title

Clear title identifying both the Notice of Consent and the proposed Order of Reference so the clerk and parties know the filing's dual purpose and can assign it correctly.

Case Caption

Full caption with court name, case number, and complete party names; errors in the caption commonly lead to clerk returns or misfiling.

Consent Statement

Explicit text in which each party knowingly and voluntarily consents to a magistrate judge's authority, specifying whether consent covers all matters or limited issues.

Order Text

Proposed order language directing the clerk to refer the case or designated matters to a named magistrate judge and listing the matters referred.

Signatures

Signature blocks for each consenting party or counsel with printed name, title, firm, email, phone number, and date; e-signatures are acceptable when lawful.

Certificate of Service

A statement confirming service on all parties with method (ECF or mail) and date, which courts require to verify notice to opposing counsel.

Typical e-filing and e-sign workflow settings

Configure your document and e-sign workflow to match court e-filing and service requirements before submitting the notice.

Field Configuration
Document Format PDF/A preferred for court filings
Signature Type Use handwritten or ESIGN-compliant e-signatures
Service Method File via ECF or serve via registered counsel
Retention Keep signed originals per retention policy

Technical considerations for eSignature and delivery

Confirm platform features meet the court and counsel requirements for signature authenticity, audit trail, and file format before sending.

  • Document Formats: PDF, DOCX supported
  • Authentication: Email, SMS, or advanced options
  • Integrations: Works with ECF and cloud storage

For high-volume or enterprise use, choose a platform that provides detailed audit trails, secure storage, and integrations with your case management and cloud providers.

Timing considerations and typical deadlines

Local rules and the court's scheduling orders determine exact deadlines; use these common timing expectations when preparing the notice.

Filing Timing:

File the notice immediately after all parties sign to ensure prompt referral.

Service Requirement:

Serve opposing counsel and include a certificate of service upon filing.

Objection Window:

Any objection to referral must follow local rule timelines for motions to withdraw consent.

Scheduling Orders:

Referral may change case deadlines; calendar adjustments follow the magistrate's orders.

Local Rule Variance:

Check district and magistrate court rules for specific timing and procedural requirements.

Key procedural milestones from consent to referral

A typical milestone sequence shows the main stages from document preparation to docketing and judicial action.

01

Prepare & Sign

Parties draft consent and proposed order, then obtain signatures.

02

File with Clerk

E-file the signed notice and proposed order in the case docket.

03

Clerk Docketing

Clerk reviews and assigns the matter to the magistrate judge.

04

Judge Action

Magistrate judge enters the order accepting or modifying the referral.

Practical tips for accurate and efficient filings

Apply these straightforward practices to reduce avoidable delays and ensure the court accepts the filing the first time.

Verify docket data
Copy the case number, party names, and court name directly from the docket to avoid mismatch errors that trigger clerk returns.
Use explicit consent
State whether consent is for all matters or limited issues to prevent future jurisdictional disputes.
Include service proof
Attach a clear certificate of service describing service method and recipients to meet local procedure.
Store originals
Preserve signed originals or verifiable e-sign audit trails in case the court requests proof of consent.

eSignature pricing comparison for filing and signing documents

Choose an eSignature provider that meets legal, security, and workflow needs; the table below compares common purchase criteria across vendors.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of using this notice

Two concise scenarios illustrate routine uses of a Notice of Consent and Order of Reference in civil practice.

Settlement Referral Example

An agreement to refer the entire case to a magistrate judge for settlement

  • Parties executed the consent and proposed order after negotiations
  • The clerk entered the order and the magistrate conducted a settlement conference that resolved the dispute without further motion practice.

Limited-issue Referral Example

Parties consented only to have discovery disputes heard by the magistrate judge

  • Consent language specified scope and time limits
  • The magistrate issued discovery rulings while dispositive motions remained with the district judge.

Frequently asked questions and troubleshooting

Answers to common questions about consent, e-signatures, notarization, and court acceptance of the Notice of Consent and Order of Reference.


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