ADR-110 Order Appointing Referee
ADR-110
Form Approved for Optional Use
Judicial Council of California
ADR-110 [Rev. July 1, 2011]
ORDER APPOINTING REFEREE
(Alternative Dispute Resolution)
Code of Civil Procedure, § 638 et se q.;
Cal. Rules of Court, rules 3.900–3.910,
3.920–3.927
www.courts.ca.gov
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CASE NUMBER:
ORDER APPOINTING REFEREE
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
all parties to the action have agreed to the appointment of a referee under section 638.
a.
the parties entered into a written contract or lease that provides that any controversy arising therefrom shall be heard
by a referee.
b.
1.
Section 638 appointment. A referee is properly appointed under Code of Civil Procedure section 638 because (check one):
2.
Section 639 appointment. A referee is properly appointed under Cod e of Civil Pro c edure section 639 because (check and
complete a or b):
THE COURT FINDS:
Economic inability to pay. (Check one.)c.
(1)
No party has established an economic inability to pay a pro rata share of the referee's fees.
(2)
The following party has established an economic inability to pay a pro rata share of the referee's fee
(name each):
(3)
The referee is being appointed at no cost to the parties.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address ) :
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
(a)
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 additio nal share of the referee's fees. (Complete item
5c(3)(b).)
The following party has agreed voluntarily to pay an additional share of the referee's fee (name each):
(b)
a.
The trial of an issue of fact requires the examination of a long account. (Code Civ. Proc., §
639(a)(1).)
(1)
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).)
(2)
A question of fact, other than on the pleadings, has arisen by motion or otherwise. (Code Civ.
Proc., § 639(a)(3).)
(3)
It is necessary for the information of the court in a special proceeding. (Code Civ. Proc., § 639(a)(4).)
(4)
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 th e 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.)
b.
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