The fees of referees are such reasonable sum as the court may fix for the time spent in the business of the reference; but the parties may agree, in writing, upon any other rate of compensation, and thereupon such rates shall be allowed.
§ 1023.Fees of Referees
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1953 · Last verified July 28, 2026
In one sentenceSection 1023 lets a court set a reasonable fee for a referee's time spent on a reference, unless the parties have agreed in writing to a different rate of compensation, in which case that agreed rate governs instead.
Full Text of § 1023
Plain-English Summary
References -- where a court appoints a referee to hear evidence, take an accounting, or resolve some part of a case -- come with their own cost question, and Section 1023 answers it directly. Absent an agreement, the court fixes whatever reasonable sum compensates the referee for the time spent on the business of the reference.
Parties aren't stuck with the court's rate, though. If they agree in writing on a different rate of compensation, that agreed rate controls, and the court allows it as written rather than substituting its own judgment about what's reasonable.
Frequently Asked Questions
Who sets a referee's fee in a California reference?
The court, unless the parties have agreed in writing on a different rate of compensation.
Can the parties agree on a referee's pay themselves?
Yes. A written agreement on a different rate controls, and the court allows fees at that agreed rate.
Amendment History
Amended by Stats. 1953, Ch. 795.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1023 referee fees californiacost of court appointed referee california