Fillable Order Appointing Referee (Page 3 of 3) in pdf

ADR-110

CASE NUMBER:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

Compensation of section 639 referee.

(1)

The maximum hourly rate that the referee may charge is (specify):

(2)

The maximum number of hours for which the referee may charge is (at the request of any party, state the

maximum number of hours for which referee may charge):

(3)

The court orders that the referee's fees be paid or apportioned as follows and reserves jurisdiction to modify

this order (state fair and reasonable apportionment of reference costs below or in Attachment 5c):

(a)

All parties shall pay equal shares of the referee's fees.

(b)

The parties shall pay equal shares of the referee's fees except that, based on the finding of

economic inability set forth in item 2c(2):

(i)

The following party is not required to pay any portion of the referee's fees (name of each

party excused from paying referee's fees):

(ii)

The following party shall pay the pro rata share of the referee's of the party identified in (i), in

addition to his or her own share of the referee's fees (name of each party who has agreed to

pay an additional share of the referee's fees):

(c)

The referee's fees shall be paid as set forth in Attachment 5c.

(4)

The court will subsequently determine how the referee's fees will be paid, under Code of Civil Procedure

section 645.1(b). (If the issue of economic hardship is raised before the services of a referee appointed

under section 639 begin, the court must make a fair and reasonable apportionment of reference costs.)

6. Use of court facilities and court personnel. Court facilities and court personnel (check and complete one):

may not be used without an order of the presiding judge. (Court facilities and personnel may be used in proceedings

before a privately compensated section 638 referee only upon a finding of the presiding judge that the use would further

the interest of justice.)

may be used as follows (describe any authorized use of court facilities or court personnel if referee will not be

privately compensated or is appointed under section 639):

The reference will be conducted in a private facility. The clerk must post notice that the following person may be

contacted to arrange attendance at any proceeding that is open to the public (complete all of the following):

a. Name:

b. Address:

c. Telephone:

8. Referee's report.

a. Time of report. The referee must report (check and complete one):

(1)

in writing to the court within 20 days after the hearing, if any, has been concluded and the matter submitted.

(2)

as follows (specify other time and manner of reporting directed by the court):

b. Manner and contents of report.

(1)

Section 638 referees. The referee must report in the following manner agreed to by the parties and approved

by the court (describe):

(2)

Section 639 referees. The referee must file with the court a report that includes a recommendation on the

merits of any disputed issue, a statement of the hours spent and the total fees charged by the referee, and the

referee's recommended allocation of payment. The referee must serve the report on all parties.

9. Certification of referee. The undersigned consents to serve as referee as provided above and certifies 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.

(SIGNATURE OF PROPOSED REFEREE)

(TYPE OR PRINT NAME OF PROPOSED REFEREE)

Date:

JUDICIAL OFFICER

Page 3 of 3

ADR-110 [Rev. July 1, 2011]

ORDER APPOINTING REFEREE

(Alternative Dispute Resolution)

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