It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in addition to the requirements of subdivision (e) of Section 639, the Judicial Council shall collect information from the trial courts on the use of referees in discovery matters pursuant to either Sections 638 and 639. The collected data shall include information on the number of referees, the cost to the parties, and the time spent by the discovery referee. The Judicial Council shall report thereon to the Legislature by July 1, 2003.
§ 640.5.Collection of Data On Use of Referees In Discovery Matters
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 6. Of References and Trials by Referees · Enacted 2001 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 640.5 reflects a legislative directive that the Judicial Council collect data on the number, cost, and time spent by discovery referees appointed under §§ 638 and 639, and report that information to the Legislature by July 1, 2003.
Full Text of § 640.5
Plain-English Summary
This section captures a now-completed piece of legislative oversight. Lawmakers wanted a close look at how often discovery disputes were being sent to outside referees and what that practice cost litigants, so this section directed the Judicial Council, on top of the reporting already required by § 639(e), to gather information from the trial courts on referee use in discovery matters under both §§ 638 and 639 — including the number of referees appointed, the cost to the parties, and the time referees spent — and report to the Legislature by July 1, 2003.
Because that reporting deadline has long passed, this section now stands mainly as background on why the discovery-referee cost and use data was collected in the first place.
Frequently Asked Questions
What was the Judicial Council directed to collect under this section?
Data from the trial courts on the number of referees appointed for discovery matters under §§ 638 and 639, the cost to the parties, and the time spent by the referees.
Is the reporting deadline in this section still active?
No, it required a report to the Legislature by July 1, 2003, a deadline long past.
Amendment History
Added by Stats 2001 ch 362 (SB 475), s 2, eff. 1/1/2002.
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: discovery referee data collection california