California

Civil Procedure

Civil Procedure

Rule 3.901 – Application for order appointing referee

(a) Stipulation or motion for appointment

A written stipulation or motion for an order appointing a referee under Code of Civil Procedure section 638 must be presented to the judge to whom the case is assigned, or to the presiding judge or law and motion department if the case has not been assigned.

(b) Contents of application

The stipulation or motion for the appointment of a referee under section 638 must:

(1) Clearly state whether the scope of the requested reference includes all issues or is limited to specified issues;
(2) State whether the referee will be privately compensated;
(3) If authorization to use court facilities or court personnel is requested, describe the use requested and state the reasons that this would further the interests of justice;
(4) If the applicant is requesting or the parties have stipulated to the appointment of a particular referee, be accompanied by the proposed referee’s certification as required by rule 3.904(a); and
(5) Be accompanied by a proposed order that includes the matters specified in rule 3.902.

Cal. R. Ct. 3.901

Rule 3.901 adopted effective January 1, 2007.