California Judicial Reference: An efficient, effective ADR Process
For attorneys looking for a fast, cost-effective ADR process, consider utilizing the expertise of JAMS panelists as general, special or discovery referees, or as temporary judges. To help you get started, please find below clause and stipulation forms from The Rutter Group.
Stipulate to a consensual or all-purpose reference under CCP § 638 or appointment of a temporary judge under Cal. Const. Art. 6, § 21 by writing a clause into your contracts, or post-dispute by filing a stipulation with the court. At JAMS, parties can choose from among the state’s most well-qualified retired judges and attorney neutrals, many of whom have years of experience serving as general and discovery referees as well as significant expertise in a wide range of practice areas. JAMS neutrals are also well-known for their superior case management skills. Search for a JAMS Neutral.
Expedite the process with a referee that is available on your schedule. At JAMS, you will get scheduling certainty. Our highly accessible referees offer early, reliable trial and hearing dates and more working hours per day than the average courtroom, allowing for fast resolution of even the most complex cases.
Preserve the right of appeal and the application of the rules of civil procedure, including pleadings, demurrers, summary judgment motions and the rules of evidence. Referees operate under these established rules of evidence and civil procedure and their decisions are subject to judicial review.
CCP § 638 references are known as “general,” “all-purpose” or “consensual” and authorize the appointment of a judicial referee by agreement of the parties. The appointment may be pursuant to a provision in a written contract or lease entered into before a dispute arises, or under an agreement reached after the dispute arises. The appointment may authorize the referee to determine all issues in the case and report a statement of decision, or it may more narrowly authorize the referee to ascertain the facts necessary to enable the court to determine an action or proceeding.
CCP § 639 references are known as “special” and are used for limited purposes such as accounting or discovery. This statute enables the court to appoint a referee without the parties’ consent in the following instances: (1) when the examination of a long account is required; (2) when taking of an account is necessary; (3) when a question of fact arises; (4) when necessary for the information of the court in a special proceeding; and (5) when the court determines a discovery referee is needed to hear discovery motions and report a recommendation to the court.
View a copy of JAMS CLE Menu, which features programs on the use of special masters and discovery referees, or contact us to customize a CLE on the use of judicial references and temporary judges.
Downloadable California Judicial Reference Flyer