Cal. Rules of Court, rule 3.901 · Chapter 1. Reference by Agreement of the Parties Under Code of Civil Procedure Section 638
Application for order appointing referee
Text — As posted by the Judicial Council of California (read October 22, 2026)
(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.
Notes and commentary — not rule text
History
Rule 3.901 adopted effective January 1, 2007.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_901
- Text hash
- sha256 826d823c578918bc04e15d55b7d8715abd3981eb0424dac22289942d0ff91e2d
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
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