A motion to appoint a discovery referee in California is the topic of this blog post.
A motion to appoint a discovery referee in California is filed on the grounds that a discovery referee is needed to hear and determine all discovery motions and disputes relevant to discovery herein, including, but not limited to, disputes pertaining to imposition of sanctions, and to report findings and make recommendations thereon.
A motion to appoint a discovery referee in California is authorized pursuant to Code of Civil Procedure § 639 which states in pertinent part that,
“(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:
(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.”
An important advantage of a motion to appoint a discovery referee in California is that it can avoid the need for the parties to have to wait up to six (6) months or more to obtain a ruling on motions to compel. Discovery motions are generally given the lowest priority on the court calendar due to the ongoing budget crisis affecting the California courts.
Another advantage of of a motion to appoint a discovery referee in California is that the fees paid to a discovery referee can be recovered in a memorandum of costs if you are the prevailing party.
The provisions of California Rule of Court 3.922 (e) grant the discovery referee the authority to set the date, time, and place for all hearings determined by the referee to be necessary, to direct the issuance of subpoenas, to preside over hearings, to take evidence and to rule on objections, motions, and other requests made during the course of the hearing
Sample motion to appoint a discovery referee in California.
Attorneys or parties in California that would like to view a portion of a sample 14 page motion to appoint a discovery referee in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service by mail and proposed order sold by the author can see below.
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The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.