Division 9. References · Chapter 1. Reference by Agreement of the Parties Under Code of Civil Procedure Section · Last amended 2025 · Last verified July 29, 2026
In one sentenceRule 3.906 lets a party move to withdraw from a stipulated reference only on a declaration showing good cause, ruling out disagreement with a referee's ruling or an order relocating hearings to an accessible site as valid grounds, and sends the case back to the regular trial docket if the motion succeeds.
(a)Good cause requirement A motion to withdraw a stipulation for the appointment of a referee must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation. The following do not constitute good cause for withdrawing a stipulation:
(1)A declaration that a ruling is based on an error of fact or law.
(2)The issuance of an order for an appropriate hearing site under rule 3.931(c). (Subd (a) amended effective July 1, 2025.)
(b)Service, filing and hearing of motion Notice of the motion must be served on all parties and the referee and filed with the court. The motion must be heard by the judge to whom the case is assigned or by the presiding judge or law and motion judge. If the motion is granted, the case must be transferred to the trial court docket.
Plain-English Summary
Once parties stipulate to a reference under section 638, they are not free to walk away just because the case is not going the way they hoped. Rule 3.906 requires a motion to withdraw the stipulation to rest on a declaration of facts establishing good cause, and it names two things that do not count. A party cannot withdraw because they believe a referee's ruling rests on an error of fact or law, and, as of a 2025 amendment, a party cannot withdraw because the presiding judge ordered the proceedings held at a more accessible hearing site under rule 3.931(c). Those carve-outs keep the stipulated forum stable and keep an unfavorable ruling, or a location change made to protect public access, from becoming a ready-made exit.
The mechanics follow the pattern set elsewhere in this chapter: notice of the motion goes to every party and to the referee, and the motion itself is filed with the court and heard by the assigned judge or, absent an assignment, the presiding judge or law and motion judge. If the motion succeeds, the case does not just lose its referee; it goes back onto the regular trial court docket, meaning the parties end up in front of a judge for whatever comes next.
Frequently Asked Questions
Can a party withdraw a stipulation for a referee just because a ruling went against them?
No. A declaration that a ruling is based on an error of fact or law does not constitute good cause under Rule 3.906.
Does an order moving hearings to a more accessible site count as good cause to withdraw?
No. Since a July 2025 amendment, an order for an appropriate hearing site under rule 3.931(c) is expressly excluded as a ground for withdrawal.
What happens if a motion to withdraw a stipulation is granted?
The case is transferred to the trial court docket rather than continuing before the referee.
Who must be served with a motion to withdraw a stipulation for a referee?
All parties and the referee.
Amendment History
Rule 3.906 amended effective July 1, 2025; 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
Also known as:withdraw stipulation for referee californiagood cause to remove referee ccp 638rule 3.906 motion to withdraw reference