Wisconsin Notice, Consent, and Reference of a Civil Action to a Magistrate Judge — AO 85 is a court form that allows parties to a civil action in the state of Wisconsin to consent to the jurisdiction of a magistrate judge to handle their case. It is used when all parties to the case agree to have a magistrate judge preside over the matter instead of a district judge. The form includes areas for the parties to provide their contact information, a description of the case, and their consent to the jurisdiction of the magistrate judge. There are two types of Wisconsin Notice, Consent, and Reference of a Civil Action to a Magistrate Judge — AO 85: one for cases in the Eastern District of Wisconsin and one for cases in the Western District of Wisconsin.
Wisconsin Notice, Consent and Reference of a Civil Action to a Magistrate Judge - AO 85
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FAQ
Direct Assignment Program If the parties consent to magistrate judge jurisdiction, the case will remain with the assigned magistrate judge from start to finish. As with the Voluntary Consent program, the magistrate judge in a Direct Assignment case will handle all motions, scheduling issues, and the trial in the case.
Difference between judges and magistrates Although both individuals serve the court, a magistrate is a licensed attorney appointed to serve by a judge. A domestic or juvenile court judge can assign a magistrate to aid in a particular case.
They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases.
Report and Recommendation means the written analysis, report, medical opinion, and recommendation prepared by a Medical Advisor who has reviewed and evaluated the Completed Application and Disability Catalog and that is provided to assist the Board in making a decision on the Application.
Although they serve on federal courts, magistrate judges are not considered "federal judges" in the strict sense of the term, because they are not appointed by the president and confirmed by the Senate and do not have life tenure.
The Magistrate Judge will review the motion and issue a Report and Recommendation to the District Judge to advise the District Judge what should happen with the motion. The parties then have the opportunity to oppose in writing the U.S. Magistrate Judge's Report and Recommendation.