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§ 643.Report of Statement of Decision to Court

Title 8. Of the Trial and Judgment In Civil Actions · Chapter 6. Of References and Trials by Referees · Last amended 2001 · Last verified July 28, 2026

In one sentenceSection 643 gives a referee or commissioner 20 days after the hearing concludes to report a statement of decision, unless the court directs otherwise, and separately requires a referee appointed under § 639 to file a detailed report on the merits, fees, and cost allocation subject to a structured objection process before the court.

Full Text of § 643

Text sizeJump to: (a) (b) (c)

(a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days after the hearing, if any, has been concluded and the matter has been submitted.
(b) A referee appointed pursuant to Section 638 shall report as agreed by the parties and approved by the court.
(c) A referee appointed pursuant to Section 639 shall file with the court a report that includes a recommendation on the merits of any disputed issue, a statement of the total hours spent and the total fees charged by the referee, and the referee's recommended allocation of payment. The referee shall serve the report on all parties. Any party may file an objection to the referee's report or recommendations within 10 days after the referee serves and files the report, or within another time as the court may direct. The objection shall be served on the referee and all other parties. Responses to the objections shall be filed with the court and served on the referee and all other parties within 10 days after the objection is served. The court shall review any objections to the report and any responses submitted to those objections and shall thereafter enter appropriate orders. Nothing in this section is intended to deprive the court of its power to change the terms of the referee's appointment or to modify or disregard the referee's recommendations, and this overriding power may be exercised at any time, either on the motion of any party for good cause shown or on the court's own motion.

Plain-English Summary

Once a reference hearing wraps up and the matter is submitted, subdivision (a) sets the default clock: the referee or commissioner has 20 days to report the statement of decision to the court, unless the court has directed a different timeline.

What that report looks like depends on how the referee was appointed. A § 638 referee — appointed by the parties' own agreement — reports as the parties themselves agreed and the court approved. A § 639 referee — appointed without the parties' consent, most often for discovery disputes — files something more elaborate: a recommendation on the merits of the disputed issue, a statement of the total hours and fees charged, and a recommended allocation of who pays what. That report goes to all the parties, who then have 10 days (or another period the court sets) to object, with responses due 10 days after that. The court reviews everything and enters its own orders, and subdivision (c) makes clear the court never loses the power to change the terms of the referee's appointment or to modify or disregard the recommendations entirely, on a party's motion or its own, at any time for good cause.

Frequently Asked Questions

How long does a referee have to report a statement of decision?

20 days after the hearing has concluded and the matter has been submitted, unless the court directs otherwise.

Does a § 639 referee's report differ from a § 638 referee's report?

Yes. A § 638 referee reports as the parties agreed and the court approved, while a § 639 referee must file a report with a merits recommendation, a statement of fees and hours, and a recommended cost allocation, subject to objections and responses.

Can the court change or ignore a referee's recommendations?

Yes, subdivision (c) preserves the court's power to change the referee's appointment terms or to modify or disregard the recommendations at any time for good cause.

Amendment History

Amended by Stats 2000 ch 644 (AB 2912), s 8, eff. 1/1/2001.

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: referee report statement of decision californiaobjecting to referee report