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ADR-110 Form Approved for Optional Use Judicia l Cou ncil of Cali fornia ADR -110 [Re v. July 1, 2011] ORDER APPOINTING REFEREE (Alter na tiv e Disp ute Re so lutio n) Cod e of Civ il Pr ocedure, § 638 et seq.; Cal. Rule s of Court, rules 3.900–3.910, 3.920–3.927 Page 1 of 3 CAS E NUMBE R: ORDER APPOINTING REFEREE FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF STRE ET ADDRE SS: MAILING ADDRE SS: CITY AND ZIP CO DE: BRA NCH NAME : PET ITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: all partie s to the acti on have agreed to the appo intmen t of a referee under se ction 63 8. a. the parties entered into a written contra ct or lease that provides tha t any co ntroversy arising the refrom sha ll be heard by a re feree . b. 1. Section 638 ap po intm ent. A referee is prop erly ap pointed und er Cod e of Civil Pro cedure se ction 63 8 because (che ck one): 2. Section 63 9 a ppo intment. A referee is prop erly ap pointed und er Co de of Civil Pro cedure se ctio n 63 9 because (ch eck and complete a or b): THE COURT FINDS: Eco nomic i nab ility t o pay. (Che ck one.) c. (1) No party has establ ished an economic inabi lity to pay a pro rata share of the refe ree's fee s. (2) Th e foll owing party ha s establishe d a n economic in ab ility to pay a pro rata share of th e referee' s fee (name each): (3) The referee is bein g appoin ted at n o cost to the pa rties. ATTORNE Y O R PARTY WITHOUT ATTO RNEY (Na me, State Bar nu mber, and ad dress): FAX NO . (Optional): TELEPHO NE NO .: E-MA IL ADDRE SS (Optional): ATTORNEY FOR (Name): (a) One or more parti es ha s est ablishe d a n economic in abili ty to pay a pro rata share o f the referee' s fees and an oth er pa rty ha s agree d vol untarily to pay that addi tional share of th e referee' s fees. (Comple te item 5c(3)(b).) Th e foll owing party ha s agree d vol untarily to pay an additiona l share of the referee' s fee (name ea ch): (b) a. The trial of an issue of fact requ ires the examination of a lon g account. (Co de Civ. Proc., § 639(a)(1).) (1) The taking of an accou nt is necessary for the in forma tion of the court b efore jud gment, or for carryi ng a judgment or order into effect. (Cod e Ci v. Proc,. § 639(a)(2).) (2) A qu estio n of fact, other tha n on the plea dings, h as arise n by moti on o r otherwise. (Cod e Ci v. Proc., § 639 (a)(3).) (3) It is ne cessary for th e information of the court in a s pecial proceed ing. (Cod e Ci v. Proc., § 639(a)(4).) (4) Disco very refer ence . It is nece ssary for th e cou rt to appo int a refe ree to hear and determine any and all discove ry mo tions an d di sputes rele vant to disco very in th e action and to re port fi nding s and make a recomme ndation. (Co de Civ. Pro c., § 639 (a)(5). State the exceptional circumstan ces specific to th e particul ar case th at requi re the discovery refe rence, b elow or i n Attachmen t 2a.) Other reference. (Che ck one or more of the fo llowi ng stat uto ry ground s and state the re ason for th e app ointme nt bel ow or in Attachment 2b.) b. RESPONDENT/DEFENDANT: CASE NUMBER: ADR-110 [Rev. July 1, 2011] ORDER APPOINTING REFEREE (Alternative Dispute Resolution) PETITIONER/PLAINTIFF: 5. Referee's compensation. (Check and complete one of the following.) 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. 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): 4. Scope and subject matter of reference. The referee is appointed as follows (check and complete a or b): a.Section 638 appointment. The referee is appointed under Code of Civil Procedure section 638 (check and 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. (2)to ascertain the following facts necessary to enable the court to determine the action or proceeding (state facts to be ascertained by referee below or in Attachment 4a): Page 2 of 3 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: 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.) c. Telephone number: THE COURT ORDERS: ADR-110 The discovery matters identified in (1) above. (i) All discovery purposes in the action. (ii) 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. (b)The discovery referee is appointed for (check one): (a) (1) The referee's State Bar number is: (2) The referee's State Bar membership status is (check one): Active (a) Inactive (b) Other (specify): (c) JUDICIAL OFFICER 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: 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. RESPONDENT/DEFENDANT: CASE NUMBER: PETITIONER/PLAINTIFF: ADR-110 [Rev. July 1, 2011] ORDER APPOINTING REFEREE (Alternative Dispute Resolution) Page 3 of 3 7. 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: 6. Use of court facilities and court personnel. Court facilities and court personnel (check and complete one): a. 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.) b. 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 maximum hourly rate that the referee may charge is (specify): (1) (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): c. Compensation of section 639 referee. (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.) ADR-110 5. (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): All parties shall pay equal shares of the referee's fees. (a) (b) The referee's fees shall be paid as set forth in Attachment 5c. (c)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): (i) 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): (ii)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):