CHECKLIST FOR A JUDICIAL REFERENCE PROVISION

(CODE OF CIVIL PROCEDURE SECTION 638)

1. Agreement pursuant to CCP §638

2. Qualifications and manner of choice of the referee

3. Pre-hearing conferences

4. Venue

5. Timeline for commencement of hearing and for the submission of referee’s statement of decision

6. Applicable laws

7. Findings of fact and conclusions of law, if desired

8. Right to apply to court for provisional remedies

9. Limitations on discovery, if desired

10. Referee fees

11. Acknowledgement of election not to have case tried before a judge or jury