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
Full Text of Rule 3.926
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.