Order Appointing Referee Page 2
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3ADR-110
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
THE COURT ORDERS:
3. Referee. The following person is appointed as referee. (The referee's signature indicating consent to serve and certification that
he or she is aware of and will comply with the applicable provisions of canon 6 of the Code of Judicial Ethics and the California
Rules of Court must be included in the proposed order appointing a referee under Code of Civil Procedure section 638 or
attached to the order appointing a referee under section 639. See item 9.)
a. Name:
b. Business address:
c. Telephone number:
d.
The referee is a member of the State Bar of California. (Rules 3.903 and 3.923 of the California Rules of Court
provide that a referee who is a former judicial officer must be an active or inactive member of the State Bar.)
(1)
The referee's State Bar number is:
(2)
The referee's State Bar membership status is (check one):
(a)
Active
(b)
Inactive
(c)
Other (specify):
4. Scope and subject matter of reference. The referee is appointed as follows (check and complete a or b):
Section 638 appointment. The referee is appointed under Code of Civil Procedure section 638 (check and
a.
complete one):
(1)
to hear and determine any or all of the issues in the action or proceeding, whether of fact or of law, and to
report a statement of decision.
to ascertain the following facts necessary to enable the court to determine the action or proceeding (state
(2)
facts to be ascertained by referee below or in Attachment 4a):
b.
Section 639 appointment.
(1)
The following subject matter or matters are included in the reference (describe the matter or matters the
referee is ordered to consider below or in Attachment 4b):
(2)
Section 639 discovery reference.
(a)
The discovery referee is appointed for (check one):
(i)
The discovery matters identified in (1) above.
(ii)
All discovery purposes in the action.
(b)
The referee is authorized to set the date, time, and place for all hearings determined by the referee to be
necessary; direct the issuance of subpoenas; preside over hearings; take evidence; and rule on
objections, motions, and other requests made during the course of the hearing.
5. Referee's compensation. (Check and complete one of the following.)
a.
Uncompensated referee. The referee will not be privately compensated by the parties.
b.
Compensation of section 638 referee.
(1)
The referee's fees will be paid as agreed by the parties.
(2)
The parties have not agreed on the payment of the referee's fees and have requested that the matter be
resolved by the court. The court orders that the referee's fees be paid as follows (state the manner of
payment determined by the court to be fair and reasonable below or in Attachment 5b):
ADR-110 [Rev. July 1, 2011]
Page 2 of 3
ORDER APPOINTING REFEREE
(Alternative Dispute Resolution)
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