Except where the reference is to a judicial hearing officer or a special referee, upon the entry of an order of reference, the clerk shall send a copy of the order to the referee. Unless the order of reference otherwise provides, the referee shall forthwith notify the parties of a time and place for the first hearing to be held within twenty days after the date of the order or shall forthwith notify the court that he declines to serve.
R 4313.Notice.
Article 43. Trial by a Referee · Last amended 1983 · Last verified July 21, 2026
In one sentenceOnce the court signs an order of reference, the clerk forwards it to the referee, who must then set the first hearing within twenty days or tell the court he will not take the assignment.
Full Text of CPLR 4313
Plain-English Summary
CPLR 4313 handles the handoff between the court and the referee. After the order of reference is entered, the clerk sends the referee a copy, unless the referee is a judicial hearing officer or special referee, whose assignments run through the court's own calendar instead.
From there, the clock starts. Unless the order says otherwise, the referee must promptly set a time and place for the first hearing, and that hearing has to happen within twenty days of the order. If the referee does not want the assignment, the rule requires prompt notice of that refusal to the court, rather than silence, so the court can move on to naming a successor.
Frequently Asked Questions
How soon must a referee schedule the first hearing?
CPLR 4313 requires the referee to notify the parties of a hearing date within twenty days after the order of reference, unless the order sets a different schedule.
What happens if a referee does not want to take the case?
The referee must promptly notify the court that he declines to serve, which lets the court appoint a successor under CPLR 4314.
Does the clerk notify the referee of the appointment?
Yes, except where the reference goes to a judicial hearing officer or special referee, whose cases are calendared through the court instead.
Why does CPLR 4313 require notice of a decline rather than an acceptance?
The rule asks for notice only when the referee declines so the court can move at once to appoint a successor under CPLR 4314 or proceed without a referee, rather than waiting on a formal acceptance that adds nothing once the referee goes forward with the assignment.
Why are judicial hearing officers and special referees excepted from the clerk's notice requirement?
A reference to a judicial hearing officer or special referee is placed on that officer's own calendar under article 34, so the clerk does not need to separately forward a copy of the order the way it does for other referees.
Advisory Committee Notes
This rule is new. There was formerly no specific provision for notifying the referee of the reference or for his acceptance or rejection of the assignment, nor was there a requirement that he set the hearing date within a limited time. The requirements that the clerk send the referee a copy of the order of reference and that the referee notify the parties of a hearing date and place are based on the first two sentences of Federal rule 53(d)(1). The remaining sentences in the Federal rule have been omitted as superfluous in view of the fact that the referee is required by CPLR §§ 4319 and 4320(a) to proceed in the same manner as a court, except where the order of reference specifies a different procedure. Official and special referees are excepted from this rule because it is contemplated that a reference to an official or special referee will be placed on his calendar pursuant to article 34. This rule provides that the referee must notify the court if he declines to serve, rather than if he accepts, in order that the court appoint a successor referee under rule 4314 or proceed without a referee upon receipt of such notification.
Amendment History
Add, L 1962, ch 308; amd, L 1983, ch 840, § 6, 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: referee notice of hearing New Yorkreferee declines to serve CPLRtwenty days first hearing refereeclerk sends order to referee