New York AO 85A — Notice, Consent and Reference of Dispositive Motion to Magistrate is a form issued by the United States District Court for the Southern District of New York. It is used when parties wish to have a dispositive motion referred to a magistrate judge for a decision. The parties must provide notice of the motion and consent to the reference before the motion can be referred. The form has two types: 1. New York AO 85A — Notice, Consent and Reference of Dispositive Motion to Magistrate (Stipulation): This form is used when both parties agree to have the motion referred to a magistrate judge. 2. New York AO 85A — Notice, Consent and Reference of Dispositive Motion to Magistrate (Unopposed): This form is used when one party requests the motion to be referred to a magistrate judge and the other party does not oppose the request.
New York AO 85A - Notice, Consent and Reference of Dispositive Motion to Magistrate
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FAQ
Like other federal judges, all full-time magistrate judges are paid the same salary, regardless of where they serve or their years of service. The position and authority of magistrate judges was established in 1968.
In law, a dispositive motion is a motion seeking a trial court order entirely disposing of all or part of the claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party.
A U.S. magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court to exercise jurisdiction over matters assigned by statute as well as those delegated by the district judges.
For example, proving that the defendant never made contact with the plaintiff would be a dispositive fact in a battery claim brought by the plaintiff. If the parties never made contact, no battery was possible, and the court can dismiss the claim without analyzing the other elements of battery.
Dispositive motions therefore can accelerate the resolution of a claim or lawsuit, promote efficiency, and conserve judicial resources. For example, motions for default judgment, motions to dismiss, and motions for summary judgment all may result in the disposition of claims without a trial.
One of these terms of art is ?dispositive motions?. What are they, and what do they do? Dispositive motions are something a lawyer files with the court on behalf of their client that can, potentially, put an end to all legal proceedings in that court.
Non-Dispositive motions are all other motions, including but not limited to discovery, third party practice, temporary relief, intervention or amendment of pleadings.