Anaheim California Stipulation or Motion for Order Appointing Referee

State:
California
City:
Anaheim
Control #:
CA-ADR-109
Format:
PDF
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Description

This form is used for the appointment of a referee in a civil case that is assigned for arbitration. The court uses this form in cases assigned for alternative dispute resolution.

Anaheim California Stipulation or Motion for Order Appointing Referee In Anaheim, California, a Stipulation or Motion for Order Appointing Referee is a legal document that parties involved in a lawsuit can file to request the appointment of a referee. A referee is a neutral third party who can assist in resolving disputes, conducting hearings, or making recommendations to the court. This stipulation or motion can be filed in various types of cases, including civil litigation, family law matters, and probate proceedings. The Anaheim California Stipulation or Motion for Order Appointing Referee provides a mechanism for parties to agree or request the court to assign a referee to oversee specific proceedings or aspects of a case. There are different types of Anaheim California Stipulation or Motion for Order Appointing Referee, which include: 1. Civil Litigation: — Dispute Resolution: In complex civil litigation cases, where the parties anticipate significant disputes, they may file a stipulation or motion to appoint a referee. The referee can help mediate negotiations, oversee settlement discussions, and facilitate the resolution of conflicts outside the courtroom. — Discovery: Parties involved in civil lawsuits may also request the appointment of a referee to handle discovery disputes. The referee can efficiently manage discovery-related issues, including document production, depositions, and discovery disputes, ensuring the process remains fair, orderly, and timely. 2. Family Law: — Child Custody and Visitation: In Anaheim, California, parties embroiled in child custody and visitation disputes can seek a stipulation or motion for the appointment of a referee. The referee will assess the circumstances, evaluate the best interests of the child, and make recommendations or rulings regarding custody arrangements and visitation schedules. — Property Division: During divorce proceedings, couples may have disagreements regarding the division of assets, such as real estate, investments, or business interests. Filing a stipulation or motion for a referee can provide an impartial third party to help allocate property fairly and suggest equitable solutions based on the applicable family law principles. 3. Probate Proceedings: — Estate Distribution: In probate cases, where the distribution of assets among heirs and beneficiaries is in dispute, parties can request the appointment of a referee. The referee will examine the claims, evaluate evidence, and provide recommendations or findings to the court regarding the rightful distribution of the deceased person's estate. — Will and Trust Disputes: When conflicts arise concerning the validity or interpretation of a will or trust, parties can file a stipulation or motion for a referee. The referee can carefully review the documents, listen to arguments from all involved parties, and offer recommendations or decisions on how the estate should be administered, beneficiaries determined, or the interpretation clarified. In conclusion, an Anaheim California Stipulation or Motion for Order Appointing Referee is a versatile legal tool utilized in civil litigation, family law, and probate cases. It allows parties to request the appointment of a referee to assist with dispute resolution, discovery matters, child custody battles, property division, estate distribution, will, or trust disputes. By involving a neutral third party, the stipulation or motion aims to streamline the legal process, promote fairness, and help parties reach a resolution efficiently.

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FAQ

A general reference typically directs the referee to try all the issues in the action. Rather than having a judge or jury decide the case, the referee holds the trial and issues a statement of decision.

A referee may be appointed by agreement of the parties filed with the clerk, entered in the minutes or on formal motion. (CCP §638; California Rules of Court (?CRC?), rule 3.901(a).) A written agreement and proposed order of appointment must be presented to the judge, specifying the scope of the reference.

Discovery Referees: Referee appointed to hear and determine discovery motions and disputes. Number of documents to be reviews (especially in connection with issues based on assertion of a privilege) make the inquiry ?inordinately time consuming.? (Taggares v. Superior Court (Mitchell) (1998) 62 Cal.

Discovery Referees: Referee appointed to hear and determine discovery motions and disputes. ? Order of Reference must so state and must include the ?exceptional. circumstances requiring the reference, which must be specific to the. circumstance of the particular case.? ( CCP 639(a)(5) and (d)(2))

Ultimately, the entire referee's fee will, like other recoverable costs, be borne by the losing party.? Judicial Council Form: An optional ?Order Appointing Referee,? Judicial Council From, ADR-110, is available for a section 638(a) or (b) and a section 639(a)(5) discovery referee appointment.

Judicial reference: How does it work? California's judicial reference law allows parties to a written contract or lease to provide for the appointment of a referee to hear and determine any controversy arising from those agreements. The decision of the referee is fully appealable.

Also like arbitration, the parties agree on a special master to hear both sides and issue a decision. But there are two key differences: Arbitration is private and not bound by the normal ?rules of engagement.? Judicial reference is governed by the courts, with all the same rules of evidence, discovery and procedure.

More info

Order Certifying Opinion for Publication,. Motion for attorneys' fees and expenses. 11.I did not understand the clerk's mailing of the Judgment, Statement of. A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the min- utes, or upon the motion of a party to. WORLD WIDE MOTION PICTURES CORPORATION Executive Offices 2120 Main St., Suite 180. Huntington Beach, CA 92648. 2007 Order on Complaint Counsel' s Motion for. Included on the agenda in any order, and not necessarily in the order listed.

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Anaheim California Stipulation or Motion for Order Appointing Referee