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Rule 3.926.Use of court facilities

Division 9. References · Chapter 2. Court-Ordered Reference Under Code of Civil Procedure Section 639 · Last amended 2010 · Last verified July 29, 2026

In one sentenceRule 3.926 entitles parties in a court-ordered section 639 reference to use court facilities and personnel to whatever extent the order of reference specifies, and requires that if the proceedings instead take place at a private facility, that facility stay open to the public under rule 3.931.

Full Text of Rule 3.926

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A reference ordered under Code of Civil Procedure section 639 entitles the parties to the use of court facilities and court personnel to the extent provided in the order of reference. The proceedings may be held in a private facility, but, if so, the private facility must be open to the public as provided in rule 3.931.

Plain-English Summary

Rule 3.926 runs in the opposite direction from rule 3.907's default for stipulated references. Because a court itself ordered the section 639 reference, sometimes over a party's objection, the parties are entitled to use of court facilities and court personnel to the extent the order of reference provides. Rule 3.922(g) already requires that order to state how much use is available, so the two rules work together: the order sets the extent, and this rule confirms the parties can rely on it.

The rule also anticipates that a section 639 reference might still be held somewhere other than a courthouse. Proceedings may take place at a private facility, but if the reference moves there, the facility has to remain open to the public the way rule 3.931 requires. Shifting a case out of the courthouse and into a private conference room does not turn a proceeding that would otherwise be open to the public into a closed one.

Frequently Asked Questions

Are parties in a section 639 reference automatically entitled to use a courtroom?

They are entitled to court facilities and personnel to the extent stated in the order of reference, which rule 3.922(g) requires the order to specify.

Can a section 639 reference be held at a private facility?

Yes, but that facility must remain open to the public as rule 3.931 requires.

How does this differ from a stipulated reference under section 638?

Rule 3.907 defaults a section 638 reference to no court-facility use absent a special finding; rule 3.926 entitles section 639 parties to whatever the order of reference specifies.

Amendment History

Rule 3.926 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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