California

Civil Procedure

Civil Procedure

Rule 3.904 – Certification and disclosure by referee

(a) Certification by referee

Before a referee begins to serve:

(1) The referee must certify in writing that he or she consents to serve as provided in the order of appointment and is aware of and will comply with applicable provisions of canon 6 of the Code of Judicial Ethics and with the California Rules of Court; and
(2) The referee’s certification must be filed with the court.
(b) Disclosure by referee

In addition to any other disclosure required by law, no later than five days before the deadline for parties to file a motion for disqualification of the referee under Code of Civil Procedure section 170.6 or, if the referee is not aware of his or her appointment or of a matter subject to disclosure at that time, as soon as practicable thereafter, a referee must disclose to the parties:

(1) Any matter subject to disclosure under either canon 6D(5)(a) or 6D(5)(b) of the Code of Judicial Ethics; and
(2) Any significant personal or professional relationship the referee has or has had with a party, attorney, or law firm in the current case, including the number and nature of any other proceedings in the past 24 months in which the referee has been privately compensated by a party, attorney, law firm, or insurance company in the current case for any services. The disclosure must include privately compensated service as an attorney, expert witness, or consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or other alternative dispute resolution neutral.

Cal. R. Ct. 3.904

Rule 3.904 adopted effective January 1, 2007.