Fillable For Order Appointing Referee printable pdf download

ADR-109

FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

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TELEPHONE NO.:

FAX NO. (Optional):

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E-MAIL ADDRESS (Optional):

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ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER:

STIPULATION

MOTION

FOR ORDER APPOINTING REFEREE

1. Applicant. The following parties apply for appointment of a referee (name each applicant):

2. Statutory ground for appointment.

Section 638. Appointment of the referee is requested under Code of Civil Procedure section 638 because (check one):

(1)

all parties to the action have agreed to the appointment of a referee under section 638.

the parties entered into a written contract or lease that provides that any controversy arising from it shall be

(2)

heard by a referee, as follows (identify agreement and state provision for appointment of referee below or in

Attachment 2a):

Section 639. Appointment of the referee is requested under Code of Civil Procedure section 639 because (check and

complete (1) or (2)):

(1)

Discovery reference. It is necessary for the court to appoint a referee to hear and determine any and all

discovery motions and disputes relevant to discovery in the action and to report findings and make a

recommendation thereon. (Code Civ. Proc., § 639(a)(5). State the exceptional circumstances specific to the

particular case that require the discovery reference, below or in Attachment 2b(1).)

Other reference. (Check one or more of the following statutory grounds and state the reason the appointment

(2)

is requested, below or in Attachment 2b(2).)

The trial of an issue of fact requires the examination of a long account. (Code Civ. Proc.,

(a)

§ 639(a)(1).)

The taking of an account is necessary for the information of the court before judgment, or for

(b)

carrying a judgment or order into effect. (Code Civ. Proc., § 639(a)(2).)

A question of fact, other than upon the pleadings, has arisen by motion or otherwise. (Code Civ.

(c)

Proc., § 639(a)(3).)

(d)

It is necessary for the information of the court in a special proceeding. (Code Civ. Proc.,

§ 639(a)(4).)

3. Referee. Applicant requests appointment of the following person as referee:

a. Name:

b. Business address:

c. Telephone number:

The proposed referee is an active or inactive member of the State Bar. (A proposed referee who is a former

California judicial officer must also be an active or inactive member of the State Bar.) The proposed

referee's State Bar number is:

Page 1 of 2

Form Approved for Optional Use

STIPULATION OR MOTION FOR ORDER APPOINTING

Code of Civil Procedure, § 638 et seq.;

Judicial Council of California

Cal. Rules of Court, rules 3.900–3.910,

REFEREE

ADR-109 [Rev. January 1, 2007]

3.920–3.927

(Alternative Dispute Resolution)

For Order Appointing Referee

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