1. A court may designate either one or three referees; provided, however, a judicial hearing officer may be designated a referee, in which case there shall be only one referee. Except by consent of the parties, no person shall be designated a referee unless he is an attorney admitted to practice in the state and in good standing. Where a referee may be designated by the parties, they may designate any number of referees. 2. Except in matrimonial actions or where the reference is to a judicial hearing officer, a person to whom all the parties object may not be designated as a referee. In matrimonial actions, only a judicial hearing officer or a special referee appointed by the chief administrator of the courts may be designated to determine an issue. In a matrimonial action the court shall not order a reference to a referee nominated by a party. 3. No person shall serve as referee who holds the position of court clerk, or clerk, secretary or stenographer to a judge; or who is the partner or clerk of an attorney for any party to the action or occupies the same office with such attorney, except as provided in paragraph five of this rule. 4. A judge shall not serve as a referee in an action brought in a court of which he is a judge except by the written consent of the parties, and, in that case, he cannot receive any compensation as referee. 5. In uncontested matrimonial actions, a court clerk, law secretary, or any other non-judicial employee of the court, who is an attorney in good standing admitted to practice in the state, may be appointed by an administrative judge to serve without fee as a referee for the purpose of hearing and reporting to the court.
R 4312.Number of referees; qualifications.
Article 43. Trial by a Referee · Last amended 1983 · Last verified July 21, 2026
In one sentenceCPLR 4312 sets who can serve as a referee in New York, how many a court or the parties can appoint, and special safeguards for matrimonial cases and conflicts of interest.
Full Text of CPLR 4312
Plain-English Summary
This rule covers the mechanics of picking a referee. A court can appoint one referee or three, though a judicial hearing officer always sits alone. Outside of matrimonial cases and JHO references, no one becomes a referee over the objection of every party, and unless the parties agree otherwise, a referee must be a lawyer admitted and in good standing in New York.
Matrimonial cases get their own rule: only a judicial hearing officer or a special referee named by the chief administrator of the courts can decide an issue, and the court cannot send a case to a referee that a party nominated. The rule also screens out conflicts of interest by barring court clerks, a judge's own staff, and an attorney's law partner or office-mate from serving as referee in that attorney's case, and it keeps a sitting judge off the referee's chair in his own court absent the parties' written consent, and then without pay. A narrow exception lets an uncontested matrimonial case use a court employee who is an attorney in good standing, serving without a fee, when an administrative judge appoints that person.
Frequently Asked Questions
Who is allowed to serve as a referee in New York?
Under CPLR 4312, a referee must be a New York attorney in good standing unless the parties consent to someone else, and the person cannot be objected to by every party except in matrimonial cases or JHO references.
How many referees can a court appoint?
A court may designate one or three referees, though a judicial hearing officer sits alone; the parties, where they get to choose, may pick any number.
Can the parties nominate the referee in a divorce case?
No. CPLR 4312 bars the court from ordering a reference to a referee nominated by a party in a matrimonial action; only a judicial hearing officer or a special referee appointed by the chief administrator may decide the issue.
Can a judge serve as a referee in his own court?
Only with the parties' written consent, and even then without any compensation for the work.
Can a law partner of one of the attorneys serve as referee?
No. CPLR 4312 disqualifies anyone who is the partner or clerk of an attorney for a party, or who shares an office with that attorney.
Advisory Committee Notes
This rule follows the former law. Its provisions concerning the number of referees were formerly contained in the first paragraph of CPA § 468, but the limitation of the number of referees that the parties might have appointed to five has been omitted.
The second sentence of subparagraph 2 is a simplification of the provisions of CPA § 1174.
The last sentence of subparagraph 2 of this rule contains the substance of former rule 281. The clause prohibiting appointment of a referee “agreed to by the party” is included in the phrase “nominated by a party.” Proof of service is required by CPLR § 3215(e) before a judgment is granted on default but proof will be required, even where there is a default, in divorce and annulment actions. See new §§ 144 and 174 of the Domestic Relations Law.
The first sentence of former rule 282 is also covered by this rule. The second sentence of the former rule is covered by § 4318. A copy of the transcript of hearing before the official referee is not required. See § 4319 and rule 5017.
The other restrictions were formerly in RCP 172; the distinction between clerks of a court of record and clerks of a court not of record has been eliminated.
Section 14 of the Judiciary Law, setting forth the grounds for disqualification of a judge by reason of interest or consanguinity, applies to a referee. Moers v Gilbert, 175 Misc 733, 25 NYS2d 114 (Sup Ct), affd without opinion, 261 App Div 957, 27 NYS2d 425 (1st Dept 1941); NY Gen Constr Law § 26. Section 19 of Article VI of the Constitution bars judges of certain courts from acting as referees in any action.
The last paragraph of § 468, which required all referees to attend but permitted a majority to exercise the powers granted them, is omitted. Use of more than one referee is rare and the question can be handled by the order appointing them or an amendment to it.
Paragraph 4 derives from former RCP 172.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1976, ch 699, §§ 1, 2, eff Sept 1, 1976; L 1983, ch 840, § 5, eff April 1, 1983.
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: who can be a referee in New Yorkreferee qualifications CPLRmatrimonial action referee New Yorkjudicial hearing officer matrimonial caseattorney conflict of interest referee