(a) When a referee is appointed pursuant to Section 638, the referee's fees shall be paid as agreed by the parties. If the parties do not agree on the payment of fees and request the matter to be resolved by the court, the court may order the parties to pay the referee's fees as set forth in subdivision (b).
§ 645.1.Payment of Referee's Fees
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 6. Of References and Trials by Referees · Last amended 2002 · Last verified July 28, 2026
In one sentenceSection 645.1 has referee fees under a § 638 consensual reference paid as the parties agree, or by court order if they don't, and requires the court to set fees for a § 639 referee only after determining the parties' ability to pay, apportioned in a reasonable manner that excludes counsel's own resources from the calculation.
Full Text of § 645.1
(b) When a referee is appointed pursuant to Section 639, at any time after a determination of ability to pay is made as specified in paragraph (6) of subdivision (d) of Section 639, the court may order the parties to pay the fees of referees who are not employees or officers of the court at the time of appointment, as fixed pursuant to Section 1023, in any manner determined by the court to be fair and reasonable, including an apportionment of the fees among the parties. For purposes of this section, the term "parties" does not include parties' counsel.
Plain-English Summary
How a referee gets paid tracks the same consensual-versus-nonconsensual divide that runs through this chapter. Under a § 638 reference, the parties are expected to agree on the referee's fees themselves; if they can't agree and ask the court to step in, the court can order payment as subdivision (b) describes.
Under a § 639 reference, payment can't be ordered until the court has made the ability-to-pay determination § 639(d)(6) requires. Once that's done, the court may order the parties to pay the fees of a referee who isn't a court employee or officer — set under § 1023 — in whatever manner the court finds fair and reasonable, including apportioning the cost unevenly among the parties. Throughout, "parties" means the litigants themselves, not their counsel, keeping the fee obligation tied to the client's own resources.
Frequently Asked Questions
How are a § 638 referee's fees set?
As the parties agree; if they can't agree, the court may order payment on request.
Can the court order fee payment for a § 639 referee before deciding whether the parties can afford it?
No, that ability-to-pay determination under § 639(d)(6) has to come first.
Does "parties" in this section include the parties' attorneys?
No, the section specifically excludes counsel from the definition of "parties" for purposes of the fee obligation.
Amendment History
Amended by Stats 2000 ch 644 (AB 2912), s 11, eff. 1/1/2001. Amended by Stats 2001 ch 159 (SB 662), s 38.5, 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
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