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California Code Of Civil Procedure Section 639

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 639

(a) When the parties do not consent, the court may, upon the
written motion of any party, or of its own motion, appoint a referee
in the following cases pursuant to the provisions of subdivision (b)
of Section 640:
   (1) When the trial of an issue of fact requires the examination of
a long account on either side; in which case the referees may be
directed to hear and decide the whole issue, or report upon any
specific question of fact involved therein.
   (2) When the taking of an account is necessary for the information
of the court before judgment, or for carrying a judgment or order
into effect.
   (3) When a question of fact, other than upon the pleadings, arises
upon motion or otherwise, in any stage of the action.
   (4) When it is necessary for the information of the court in a
special proceeding.
   (5) When the court in any pending action determines that 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.

   (b) In a discovery matter, a motion to disqualify an appointed
referee pursuant to Section 170.6 shall be made to the court by a
party either:
   (A) Within 10 days after notice of the appointment, or if the
party has not yet appeared in the action, a motion shall be made
within 10 days after the appearance, if a discovery referee has been
appointed for all discovery purposes.
   (B) At least five days before the date set for hearing, if the
referee assigned is known at least 10 days before the date set for
hearing and the discovery referee has been assigned only for limited
discovery purposes.
   (c) When a referee is appointed pursuant to paragraph (5) of
subdivision (a), the order shall indicate whether the referee is
being appointed for all discovery purposes in the action.
   (d) All appointments of referees pursuant to this section shall be
by written order and shall include the following:
   (1) When the referee is appointed pursuant to paragraph (1), (2),
(3), or (4) of subdivision (a), a statement of the reason the referee
is being appointed.
   (2) When the referee is appointed pursuant to paragraph (5) of
subdivision (a), the exceptional circumstances requiring the
reference, which must be specific to the circumstances of the
particular case.
   (3) The subject matter or matters included in the reference.
   (4) The name, business address, and telephone number of the
referee.
   (5) The maximum hourly rate the referee may charge and, at the
request of any party, the maximum number of hours for which the
referee may charge.  Upon the written application of any party or the
referee, the court may, for good cause shown, modify the maximum
number of hours subject to any findings as set forth in paragraph
(6).
   (6) (A) Either a finding that no party has established an economic
inability to pay a pro rata share of the referee's fee or a finding
that one or more parties has established an economic inability to pay
a pro rata share of the referee's fees and that another party has
agreed voluntarily to pay that additional share of the referee's fee.
  A court shall not appoint a referee at a cost to the parties if
neither of these findings is made.
   (B) In determining whether a party has established an inability to
pay the referee's fees under subparagraph (A), the court shall
consider only the ability of the party, not the party's counsel, to
pay these fees.  If a party is proceeding in forma pauperis, the
party shall be deemed by the court to have an economic inability to
pay the referee's fees.  However, a determination of economic
inability to pay the fees shall not be limited to parties that
proceed in forma pauperis.  For those parties who are not proceeding
in forma pauperis, the court, in determining whether a party has
established an inability to pay the fees, shall consider, among other
things, the estimated cost of the referral and the impact of the
proposed fees on the party's ability to proceed with the litigation.

   (e) In any matter in which a referee is appointed pursuant to
paragraph (5) of subdivision (a), a copy of the order appointing the
referee shall be forwarded to the office of the presiding judge of
the court.  The Judicial Council shall, by rule, collect information
on the use of these references and the reference fees charged to
litigants, and shall report thereon to the Legislature by July 1,
2003.  This subdivision shall become inoperative on January 1, 2004.

Last modified: January 12, 2009