Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 2. Examination Proceedings · Last amended 1983 · Last verified July 28, 2026
In one sentenceSection 708.140 lets a State Bar member appointed as referee run examination proceedings, issue liens, protective orders, and warrants, and handle adjournments and subpoenas, while reserving contempt, attorney's fee awards, and contested exemption or third-party-claim determinations for the appointing court alone.
(a)The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an order authorized by Section 708.205, may make a protective order authorized by Section 708.200, and may issue a warrant authorized by Section 708.170, and has the same power as the court to grant adjournments, to preserve order, and to subpoena witnesses to attend the examination, but only the court that ordered the reference has power to do the following:
(1)Punish for contempt for disobeying an order of the referee.
(2)Make an award of attorney's fees pursuant to Section 708.170.
(3)Determine a contested claim of exemption or determine a third-party claim under Section 708.180.
(b)Only a member of the State Bar of California is eligible for appointment as a referee pursuant to this article. A person who was duly appointed as a referee prior to July 1, 1983, pursuant to the law in operation at the time of appointment, and who is available to perform the duties of a referee on July 1, 1983, shall be exempt from the requirements of this subdivision.
(c)Nothing in subdivision (a) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution.
Plain-English Summary
Examination proceedings don't have to tie up a judge's calendar. This section lets a referee run the proceeding, with authority to issue, modify, or vacate the lien and forbidding orders described in § 708.205, make protective orders under § 708.200, issue the arrest warrant authorized by § 708.170, grant adjournments, keep order, and subpoena witnesses — largely the same authority the court itself would have.
Three powers stay with the court that ordered the reference, though. Only that court can punish someone for contempt for disobeying a referee's order, award the creditor attorney's fees under § 708.170, or resolve a contested exemption claim or a third-party claim under § 708.180. Those are the moments where a referee's authority runs out and a judge has to step back in.
Only a member of the State Bar can serve as a referee under this article, though anyone who was already validly appointed before July 1, 1983 and remained available to serve keeps that role without needing bar membership. And nothing here cuts into a court's separate constitutional power to appoint a temporary judge under Article VI, Section 21 of the California Constitution.
Frequently Asked Questions
What can a referee do in an examination proceeding?
Issue, modify, or vacate lien and forbidding orders under § 708.205, make protective orders under § 708.200, issue warrants under § 708.170, grant adjournments, preserve order, and subpoena witnesses.
What is a referee not allowed to decide?
Contempt for disobeying the referee's own order, an award of attorney's fees under § 708.170, and a contested exemption or third-party claim under § 708.180 — those stay with the appointing court.
Who is eligible to serve as a referee under this article?
Only a member of the State Bar of California, except for a person validly appointed before July 1, 1983 who remained available to serve.
Amendment History
Amended by Stats. 1983, Ch. 155, Sec. 19. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.
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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