A court may order the appointment of a referee under Code of Civil Procedure section 639 only for the purposes specified in that section.
A court must not use the reference procedure under Code of Civil Procedure section 639 to appoint a person to conduct a mediation.
A discovery referee must not be appointed under Code of Civil Procedure section 639(a)(5) unless the exceptional circumstances of the particular case require the appointment.
Cal. R. Ct. 3.920
Advisory Committee Comment
Rule 3.920(b) is not intended to prohibit a court from appointing a referee to conduct a mandatory settlement conference in a complex case or, following the conclusion of a reference, from appointing a person who previously served as a referee to conduct a mediation.
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