A stipulation or an agreement for an order appointing a referee does not constitute a waiver of grounds for objection to the appointment of a particular person as referee under Code of Civil Procedure section 641. Any objection to the appointment of a person as a referee must be made with reasonable diligence and in writing. The objection must be served on all parties and the referee and filed with the court. The objection must be heard by the judge to whom the case is assigned or by the presiding judge or law and motion judge if the case has not been assigned.
Rule 3.905.Objections to the appointment
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 3.905 preserves a party's right to object to the specific person named as referee under a stipulation, and sets out how and to whom that written objection has to be served, filed, and presented for a hearing.
Full Text of Rule 3.905
Plain-English Summary
Agreeing to a reference and accepting a particular person as the referee are two different decisions, and Rule 3.905 keeps them separate. Stipulating to have the case heard by a referee at all does not waive the grounds a party might have to object to the specific person the court is about to appoint under Code of Civil Procedure section 641. A party can sign onto the reference procedure while still reserving the right to challenge the individual proposed to run it.
The rule then lays out how that objection has to work. It must be raised with reasonable diligence, meaning a party cannot sit on known grounds and raise them later once the referee is already underway. The objection has to be in writing, served on every party and on the referee, and filed with the court. And it has to be heard by a judge, either the one already assigned to the case or, if no assignment has happened yet, the presiding judge or the law and motion judge.
Frequently Asked Questions
If I stipulate to a reference, do I give up my right to object to who is appointed?
No. Rule 3.905 makes clear that agreeing to the reference itself does not waive grounds to object to the particular person named as referee.
Under what statute can a party object to a specific referee?
Code of Civil Procedure section 641.
How quickly must an objection to a referee's appointment be raised?
With reasonable diligence, and it must be in writing.
Who decides an objection to a stipulated referee's appointment?
The judge assigned to the case, or the presiding judge or law and motion judge if no assignment has been made.
Amendment History
Rule 3.905 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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