An order of reference shall direct the referee to determine the entire action or specific issues, to report issues, to perform particular acts, or to receive and report evidence only. It may specify or limit the powers of the referee and the time for the filing of his report and may fix a time and place for the hearing.
R 4311.Order of reference.
Article 43. Trial by a Referee · Last amended 1963 · Last verified July 21, 2026
In one sentenceThe order that sends a case or an issue to a referee must spell out the referee's job of deciding, reporting, or performing a specific act, and can set limits on power, deadlines, and the hearing's time and place.
Full Text of CPLR 4311
Plain-English Summary
An order of reference is the document that creates a referee's job. CPLR 4311 requires it to say what the referee is being asked to do: decide the whole case or particular issues, report on issues without deciding them, carry out a specific act, or take and report evidence. That choice matters because the rest of article 43 treats a reference to determine and a reference to report as different tracks with different procedures.
Beyond naming the task, the order can shape how the referee does it. The court may narrow or expand the referee's powers, set a deadline for filing the report, and fix a time and place for the hearing. None of this is required in every order, but the more detail the order supplies, the less room there is for later disputes about what the referee was authorized to do.
Frequently Asked Questions
What must an order of reference say under CPLR 4311?
It must direct the referee to determine the action or specific issues, report on issues, perform a particular act, or take and report evidence.
Can a court limit a referee's powers in the order of reference?
Yes. CPLR 4311 lets the order specify or limit the referee's powers and set a deadline for filing the report.
What is the difference between a reference to determine and a reference to report?
A reference to determine lets the referee decide the issue, with the decision standing as the court's own; a reference to report lets the referee take evidence and recommend findings for the court to accept, reject, or modify.
Does the order of reference have to set a hearing date?
CPLR 4311 allows the order to fix a time and place for the hearing, though it does not require one in every case; where the order is silent, CPLR 4313 requires the referee to notify the parties.
How does CPLR 4311 differ from the federal reference rule?
CPLR 4311 is based on Federal Rule 53(c), but departs from it by letting the order direct the referee to determine an issue outright; the federal rule requires the referee only to report findings to the court.
Advisory Committee Notes
This rule is based on the first part of Federal rule 53(c) with one significant change: it provides that an order may direct a referee “to determine” an issue, while the Federal rules require the referee to report his findings to the court. Although under former New York law there was no express provision that an order of reference might limit the powers and duties of the referee, this rule does not change former law. The referee’s authority derives from the order of reference and is limited by its terms as well as by the statutes and rules authorizing references. In re Starr, 245 App Div 5, 280 NY Supp 753 (2d Dept 1935). The phrases “to determine” and “to report” are derived from former New York practice. RCP 171. However, there has been confusion between the provisions applicable to each, because they were not clearly distinguished in the CPA. Pierce v Fenno, 224 App Div 164, 230 NY Supp 39 (4th Dept 1928). In order to minimize such confusion, this rule requires the order of reference to specify the nature of the reference, and the provisions applicable to references to determine are set forth in CPLR § 4317 and those applicable to references to report are set forth in § 4320.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: order of reference New Yorkreferee order CPLRreference to determine versus reference to reportNew York order appointing a referee