Fillable Order Appointing Referee printable pdf download

ADR-110

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

FOR COURT USE ONLY

To keep other people from

seeing what you entered on

your form, please press the

FAX NO. (Optional):

TELEPHONE NO.:

Clear This Form button at the

end of the form when

E-MAIL ADDRESS (Optional):

finished.

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:

ORDER APPOINTING REFEREE

THE COURT FINDS:

Section 638 appointment. A referee is properly appointed under Code of Civil Procedure section 638 because (check one):

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 therefrom shall be heard

by a referee.

Section 639 appointment. A referee is properly appointed under Code of Civil Procedure section 639 because (check and

complete a or b):

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

case that require the discovery reference, below or in Attachment 2a.)

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

appointment below or in Attachment 2b.)

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

(1)

639(a)(1).)

(2)

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

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

(3)

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

Proc., § 639(a)(3).)

(4)

It is necessary for the information of the court in a special proceeding. (Code Civ. Proc., § 639(a)(4).)

Economic inability to pay. (Check one.)

(1)

No party has established an economic inability to pay a pro rata share of the referee's fees.

(2)

One or more parties has established an economic inability to pay a pro rata share of the referee's fees and

another party has agreed voluntarily to pay that additional share of the referee's fees. (Complete item

5c(3)(b).)

The following party has established an economic inability to pay a pro rata share of the referee's fee

(a)

(name each):

The following party has agreed voluntarily to pay an additional share of the referee's fee (name each):

(b)

(3)

The referee is being appointed at no cost to the parties.

Page 1 of 3

Form Approved for Optional Use

Code of Civil Procedure, § 638 et seq.;

ORDER APPOINTING REFEREE

Judicial Council of California

Cal. Rules of Court, rules 3.900–3.910,

(Alternative Dispute Resolution)

ADR-110 [Rev. July 1, 2011]

3.920–3.927

Order Appointing Referee

Related Articles

Related forms

Related Categories