Court Opinions

State Laws

US Code

US Constitution

California Code Of Civil Procedure Section 638

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 638

A referee may be appointed upon the agreement of the parties
filed with the clerk, or judge, or entered in the minutes, or upon
the motion of a party to a written contract or lease that provides
that any controversy arising therefrom shall be heard by a referee if
the court finds a reference agreement exists between the parties:
   (a) To hear and determine any or all of the issues in an action or
proceeding, whether of fact or of law, and to report a statement of
decision.
   (b) To ascertain a fact necessary to enable the court to determine
an action or proceeding.
   (c) In any matter in which a referee is appointed pursuant to this
section, a copy of the order shall be forwarded to the office of the
presiding judge.  The Judicial Council shall, by rule, collect
information on the use of these referees.  The Judicial Council shall
also collect information on fees paid by the parties for the use of
referees to the extent that information regarding those fees is
reported to the court.  The Judicial Council shall report thereon to
the Legislature by July 1, 2003.  This subdivision shall become
inoperative on January 1, 2004.

Last modified: January 12, 2009