Skip to main content

Cal. Rules of Court, rule 3.906 · Chapter 1. Reference by Agreement of the Parties Under Code of Civil Procedure Section 638

Motion to withdraw stipulation

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Good cause requirement

A motion to withdraw a stipulation for the appointment of a referee must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation. The following do not constitute good cause for withdrawing a stipulation:

(1) A declaration that a ruling is based on an error of fact or law.

(2) The issuance of an order for an appropriate hearing site under rule 3.931(c).

(b) Service, filing and hearing of motion

Notice of the motion must be served on all parties and the referee and filed with the court. The motion must be heard by the judge to whom the case is assigned or by the presiding judge or law and motion judge. If the motion is granted, the case must be transferred to the trial court docket.

Notes and commentary — not rule text

History

(Subd (a) amended effective July 1, 2025.)

Rule 3.906 amended effective July 1, 2025; 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_906
Text hash
sha256 fbc86b45e91137a5a417e7b87947e8c208a7d5a0691ce57a04730d510e3c37c2
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

This rule cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.