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.
In San Jose, California, a Stipulation or Motion for Order Appointing Referee is a legal document filed by parties involved in a lawsuit to request the appointment of a referee. A referee is an impartial third party who is appointed by the court to assist in resolving specific issues, conducting investigations, or making recommendations related to the case. There are different types of Stipulations or Motions for Order Appointing Referee, depending on the specific needs of the case. Some common types include: 1. Discovery Referee: When parties encounter disputes or difficulties in the discovery process, a Discovery Referee may be appointed to resolve these issues. The Discovery Referee can hold hearings, resolve disputes, and make decisions regarding the scope and timing of discovery requests. 2. Special Master: In complex cases requiring specialized knowledge or expertise, a Special Master can be appointed. This type of referee assists the court with technical matters, scientific evidence, or complex legal issues. They provide expert opinions and recommendations based on their specific knowledge or experience. 3. Real Estate Referee: In disputes involving real estate, a Real Estate Referee is appointed to oversee the sale, partition, or distribution of real property. This referee ensures that the process is conducted fairly and efficiently, and may also handle accounting or valuation issues. 4. It is important to note that these are just a few examples, and there may be other specific types of referees that can be appointed based on the nature of the case. The Stipulation or Motion for Order Appointing Referee should include several important elements. Firstly, it should clearly identify the parties involved in the lawsuit and provide an overview of the case. It should state the specific issue or dispute that requires a referee's involvement, and explain why appointing a referee would be beneficial or necessary. The document should contain the proposed terms of the appointment, including the desired type of referee and their qualifications. The parties should outline the referee's role, powers, and duties, as well as any limitations or specific instructions they wish to impose. Additionally, the Stipulation or Motion should provide information related to the proposed referee's fees and expenses, such as who will be responsible for covering these costs. It should also outline the proposed timeline for the appointment and any other relevant details or agreements the parties wish to include. Ultimately, the Stipulation or Motion for Order Appointing Referee is a key document in a legal proceeding in San Jose, California, as it seeks the appointment of a neutral referee to assist in resolving disputes, conducting investigations, or handling specific issues in the case.In San Jose, California, a Stipulation or Motion for Order Appointing Referee is a legal document filed by parties involved in a lawsuit to request the appointment of a referee. A referee is an impartial third party who is appointed by the court to assist in resolving specific issues, conducting investigations, or making recommendations related to the case. There are different types of Stipulations or Motions for Order Appointing Referee, depending on the specific needs of the case. Some common types include: 1. Discovery Referee: When parties encounter disputes or difficulties in the discovery process, a Discovery Referee may be appointed to resolve these issues. The Discovery Referee can hold hearings, resolve disputes, and make decisions regarding the scope and timing of discovery requests. 2. Special Master: In complex cases requiring specialized knowledge or expertise, a Special Master can be appointed. This type of referee assists the court with technical matters, scientific evidence, or complex legal issues. They provide expert opinions and recommendations based on their specific knowledge or experience. 3. Real Estate Referee: In disputes involving real estate, a Real Estate Referee is appointed to oversee the sale, partition, or distribution of real property. This referee ensures that the process is conducted fairly and efficiently, and may also handle accounting or valuation issues. 4. It is important to note that these are just a few examples, and there may be other specific types of referees that can be appointed based on the nature of the case. The Stipulation or Motion for Order Appointing Referee should include several important elements. Firstly, it should clearly identify the parties involved in the lawsuit and provide an overview of the case. It should state the specific issue or dispute that requires a referee's involvement, and explain why appointing a referee would be beneficial or necessary. The document should contain the proposed terms of the appointment, including the desired type of referee and their qualifications. The parties should outline the referee's role, powers, and duties, as well as any limitations or specific instructions they wish to impose. Additionally, the Stipulation or Motion should provide information related to the proposed referee's fees and expenses, such as who will be responsible for covering these costs. It should also outline the proposed timeline for the appointment and any other relevant details or agreements the parties wish to include. Ultimately, the Stipulation or Motion for Order Appointing Referee is a key document in a legal proceeding in San Jose, California, as it seeks the appointment of a neutral referee to assist in resolving disputes, conducting investigations, or handling specific issues in the case.