(a) Stipulation or motion for appointment A written stipulation or motion for an order appointing a referee under Code of Civil Procedure section 638 must be presented to the judge to whom the case is assigned, or to the presiding judge or law and motion department if the case has not been assigned.
Rule 3.901.Application for order appointing referee
Division 9. References · Chapter 1. Reference by Agreement of the Parties Under Code of Civil Procedure Section · Adopted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.901 requires a stipulation or motion asking the court to appoint a referee under section 638 to go to the assigned judge, or to the presiding judge or law and motion department if unassigned, and to state the scope of reference, compensation arrangements, any requested use of court facilities, and to attach a proposed order.
Full Text of Rule 3.901
(b) Contents of application The stipulation or motion for the appointment of a referee under section 638 must:
(1) Clearly state whether the scope of the requested reference includes all issues or is limited to specified issues;
(2) State whether the referee will be privately compensated;
(3) If authorization to use court facilities or court personnel is requested, describe the use requested and state the reasons that this would further the interests of justice;
(4) If the applicant is requesting or the parties have stipulated to the appointment of a particular referee, be accompanied by the proposed referee’s certification as required by rule 3.904(a); and
(5) Be accompanied by a proposed order that includes the matters specified in rule 3.902.
Plain-English Summary
Rule 3.901 is the how-to for getting a referee appointed by agreement. The written stipulation or motion goes to whichever judge already has the case; if no judge has been assigned yet, it goes to the presiding judge or the law and motion department instead.
The application cannot be bare-bones. It has to say plainly whether the referee will handle everything in the case or only specified issues, and whether the referee will be paid privately rather than through the court. If the parties want to use court facilities or court personnel for the reference, the application has to describe that request and explain why granting it would serve the interests of justice. When the parties are asking for, or have already agreed on, a particular referee, the application has to come with that person’s certification under rule 3.904(a), and every application needs a proposed order covering what rule 3.902 requires.
Frequently Asked Questions
Where does a stipulation for a referee get filed?
With the judge already assigned to the case, or with the presiding judge or law and motion department if no judge has been assigned yet.
What must the application for a referee state?
Whether the reference covers all issues or only specified ones, whether the referee is privately compensated, and, if court facilities or personnel are requested, why that would serve the interests of justice.
Do the parties have to name a specific referee in the application?
Not necessarily, but if they request or stipulate to a particular referee, the application must include that referee’s certification under rule 3.904(a).
What else has to accompany the application?
A proposed order containing the information rule 3.902 requires.
Amendment History
Rule 3.901 adopted effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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