An order appointing a referee under Code of Civil Procedure section 638 must be filed with the clerk or entered in the minutes and must specify:
Rule 3.902.Order appointing referee
Division 9. References · Chapter 1. Reference by Agreement of the Parties Under Code of Civil Procedure Section · Last amended 2010 · Last verified July 29, 2026
In one sentenceRule 3.902 requires an order appointing a referee under section 638 to be filed or entered in the minutes and to specify the referee’s identifying information, the scope of the reference, whether the referee is privately compensated, and whether court facilities and personnel may be used.
Full Text of Rule 3.902
(1) The name, business address, and telephone number of the referee and, if he or she is a member of the State Bar, the referee’s State Bar number;
(2) Whether the scope of the reference covers all issues or is limited to specified issues;
(3) Whether the referee will be privately compensated; and
(4) Whether the use of court facilities and court personnel is authorized.
Plain-English Summary
Rule 3.902 tells the court what its own order has to contain once it grants an application under rule 3.901. The order — filed with the clerk or entered in the minutes — has to identify the referee by name, business address, and phone number, plus a State Bar number if the referee is a licensed attorney.
Beyond identifying who the referee is, the order has to answer the same questions the application raised: does the reference cover the whole case or only specified issues, is the referee being paid privately, and can the referee use court facilities and court personnel. Spelling all of that out in the order itself means anyone reading it later — the parties, an appellate court, the public — can see exactly what authority the referee was given.
Frequently Asked Questions
What must an order appointing a referee include?
The referee’s name, business address, and telephone number, plus a State Bar number if applicable, whether the reference covers all issues or specified ones, whether the referee is privately compensated, and whether court facilities and personnel may be used.
Does the order have to say whether the parties are paying the referee?
Yes. Rule 3.902 requires the order to state whether the referee will be privately compensated.
Where does the order appointing a referee get recorded?
It must be filed with the clerk or entered in the minutes.
Amendment History
Rule 3.902 amended effective January 1, 2010; 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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