ADR-109 - Stipulation or Motion for Order Appointing Referee

Summary

Stipulation or Motion for Order Appointing Referee

Text

Form ID: ADR-109
Title: Stipulation or Motion for Order Appointing Referee
Effective Date: 2007-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/ADR-109
Primary Download URL: https://www.courts.ca.gov/documents/adr109.pdf
Form Detail Page:
Stipulation or Motion for Order Appointing Referee
(ADR-109)
Ask the court to appoint a referee (a person other than the judge who will make decisions or recommendations to the court about all or some of the issues in your case).
Get form ADR-109
Effective: January 1, 2007
PDF Text:
ADR-109
Form Approved for Optional Use
Judicial Council of California
ADR-109 [Rev. January 1, 2007]
STIPULATION OR MOTION FOR ORDER APPOINTING 
REFEREE
(Alternative Dispute Resolution)
Code of Civil Procedure, § 638 et seq.;
Cal. Rules of Court, rules 3.900–3.910,
3.920–3.927  
www.courtinfo.ca.gov
Page 1 of 2
CASE  NUMBER:
          STIPULATION             MOTION  
FOR ORDER APPOINTING REFEREE
FOR COURT USE ONLYATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF 
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF: 
RESPONDENT/DEFENDANT:
1.  Applicant. The following parties apply for appointment of a referee (name each applicant):  
3.  Referee. Applicant requests appointment of the following person as referee:
a. Name: 
b. Business address:
d. The proposed referee is an active or inactive member of the State Bar. (A proposed referee who is a former 
California judicial officer must also be an active or inactive member of the State Bar.)  The proposed 
referee's State Bar number is: 
c. Telephone number:
all parties to the action have agreed to the appointment of a referee under section 638.(1)
the parties entered into a written contract or lease that provides that any controversy arising from it shall be 
heard by a referee, as follows (identify agreement and state provision for appointment of referee below or in 
Attachment 2a): 
(2)
a. Section 638. Appointment of the referee is requested under Code of Civil Procedure section 638 because (check one):
2.  Statutory ground for appointment. 
b. Section 639. Appointment of the referee is requested under Code of Civil Procedure section 639 because (check and 
complete (1) or (2)):
The  trial of an issue of fact requires the examination of a long account. (Code Civ. Proc., 
§ 639(a)(1).)
(a)
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).)
(b)
A question of fact, other than upon the pleadings, has arisen by motion or otherwise. (Code Civ. 
Proc., § 639(a)(3).)
(c)
It is necessary for the information of the court in a special proceeding.  (Code Civ. Proc., 
§ 639(a)(4).) 
(d)
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 the action and to report findings and make a 
recommendation thereon. (Code Civ. Proc., § 639(a)(5). State the exceptional circumstances specific to the 
particular case that require the discovery reference, below or in Attachment 2b(1).)
(1)
Other reference. (Check one or more of the following statutory grounds and state the reason the appointment 
is requested, below or in Attachment 2b(2).)
(2)

(SIGNATURE OF APPLICANT OR ATTORNEY)
(SIGNATURE OF APPLICANT OR ATTORNEY)
(SIGNATURE OF APPLICANT OR ATTORNEY)
(SIGNATURE OF APPLICANT OR ATTORNEY)
(SIGNATURE OF APPLICANT OR ATTORNEY)
RESPONDENT/DEFENDANT:
 CASE NUMBER:
ADR-109 [Rev. January 1, 2007] STIPULATION OR MOTION FOR ORDER APPOINTING REFEREE 
(Alternative Dispute Resolution)
PETITIONER/PLAINTIFF:
6.  Use of court facilities and personnel. (Check and complete one.)
a. Applicant does not request the use of court facilities or court personnel. 
b. Applicant requests the use of court facilities or court personnel. (Describe the requested use below or in attachment 
6b. If the reference is to be conducted by a privately compensated referee appointed under Code Civ. Proc., § 638, 
also state why the use of court facilities or court personnel will further the interest of justice. 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.)
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
Date:
5.  Referee's compensation. (Check and complete one.)
a. The referee will not be privately compensated by the parties.
b. The referee will be privately compensated by the parties as follows:
(1) The parties have agreed that the re feree's fees shall be paid as follows (state agreement below or in 
Attachment 5b): 
(2) The parties have not agreed on payment of the refer ee's fees and request the matter to be resolved by the 
court under Code of Civil Procedure section 645.1.
4.  Subject matter of reference. 
a. Section 638. Applicant requests that the reference include (check and complete one):
b. Section 639. Applicant requests that the reference include the following issues (describe issues below or in 
Attachment 4b):
7.  Hearing location information. The following person may be contacted to arrange attendance at any proceeding that is open to 
the public and that is conducted in a private facility (complete all of the following):
a. Name: 
b. Address:
c. Telephone:
(1) all issues in dispute.
(2) the following issues (describe issues to be covered by reference below or in Attachment 4a):
Page 2 of 2
ADR-109

Retrieval chunks

• #1

  Form ID: ADR-109 Title: Stipulation or Motion for Order Appointing Referee Effective Date: 2007-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/ADR-109 Primary Download URL: https://www.courts.ca.gov/documents/adr109.pdf Form Detail Page: Stipulation or Motion for Order Appointing Re…

• #2

  The trial of an issue of fact requires the examination of a long account. (Code Civ. Proc., § 639(a)(1).) (a) 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).) (b) A question of fact, other tha…

• #3

  (1) The parties have agreed that the re feree's fees shall be paid as follows (state agreement below or in Attachment 5b): (2) The parties have not agreed on payment of the refer ee's fees and request the matter to be resolved by the court under Code of Civil Procedure section 645.1. 4. Subject matter of referenc…