(a) Filing and contents A motion by a party for the appointment of a referee under Code of Civil Procedure section 639 must be served and filed. The motion must specify the matter or matters to be included in the requested reference. If the applicant is requesting the appointment of a particular referee, the motion must be accompanied by the proposed referee’s certification as required by rule 3.924(a).
Rule 3.921.Motion for appointment of a referee
Division 9. References · Chapter 2. Court-Ordered Reference Under Code of Civil Procedure Section 639 · Adopted 2007 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.921 requires a party asking the court to appoint a referee under section 639 to serve and file a motion that spells out the scope of the requested reference, attach the proposed referee's certification if a specific person is named, and have the motion heard by the assigned judge or, if none, the presiding or law-and-motion judge.
Full Text of Rule 3.921
(b) Hearing 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 case has not been assigned.
Plain-English Summary
Because a section 639 reference can be sought by a single party rather than agreed to by everyone, Rule 3.921 requires the moving party to put real content into the request rather than leaving the scope vague for the court to sort out later. The motion has to be served and filed, and it has to specify the matter or matters the party wants included in the reference, giving the court and the opposing side a concrete proposal to evaluate rather than an open-ended request to appoint someone.
If the moving party wants a particular person appointed, the rule requires more upfront work: the motion has to be accompanied by that proposed referee's certification under rule 3.924(a), the same written consent-and-ethics-compliance certification every referee eventually has to file. That way the court has the referee's own commitment in hand before ruling, rather than appointing someone and hoping they sign on afterward. The motion itself is heard by the judge already assigned to the case or, if the case has not yet been assigned, by the presiding judge or the law and motion judge.
Frequently Asked Questions
Can one party move for appointment of a referee under section 639 without the other side's agreement?
Yes. Unlike a section 638 reference, section 639 does not require a stipulation, so a single party can bring the motion.
What must the motion say about the scope of the requested reference?
It must specify the matter or matters the party wants included in the reference.
What is required if the moving party wants the court to appoint a specific person as referee?
The motion must be accompanied by that proposed referee's rule 3.924(a) certification.
Who hears a motion for appointment of a referee under section 639?
The judge assigned to the case, or the presiding judge or law and motion judge if no assignment has been made.
Amendment History
Rule 3.921 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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