A referee, other than a judicial hearing officer or a special referee, before entering upon his duties, shall be sworn faithfully and fairly to do such acts and make such determination and report as the order requires. The oath may be administered by any person authorized to take acknowledgments of deeds by the real property law. The oath may be waived upon consent of all parties.
R 4315.Referee to be sworn.
Article 43. Trial by a Referee · Last amended 1983 · Last verified July 21, 2026
In one sentenceBefore taking up the assignment, a referee, other than a judicial hearing officer or special referee, must swear to act faithfully and follow the order of reference, though the parties can waive that oath by consent.
Full Text of CPLR 4315
Plain-English Summary
CPLR 4315 requires most referees to take an oath before doing any work on the case: a promise to act faithfully and to carry out what the order of reference demands. Any notary or other officer authorized to take acknowledgments of deeds under the Real Property Law can administer it, which keeps the formality simple.
Judicial hearing officers and special referees skip this step, since their oath of office already covers it. And the parties can waive the requirement entirely by consent, which lets a reference proceed without the formality where nobody objects.
Frequently Asked Questions
Does every referee have to be sworn in?
Every referee except a judicial hearing officer or special referee must take an oath before starting work under CPLR 4315.
Who can administer the oath to a referee?
Anyone authorized to take acknowledgments of deeds under the Real Property Law, which includes notaries public.
Can the parties skip the referee's oath?
Yes. CPLR 4315 allows the parties to waive the oath by consent.
What must a referee swear to do under CPLR 4315?
The referee swears to do such acts and make such determination and report as the order of reference requires, before taking up any part of the assignment.
Could a party who was a minor block the waiver of a referee's oath under prior New York practice?
Yes, under the earlier rule the parties could waive the oath only if all of them were of full age; CPLR 4315 drops that limitation because an infant party is represented by an adult in the litigation.
Advisory Committee Notes
This rule is a simplification of RCP 171 which provided that the parties might waive the oath only if they were of full age. Since infants will be represented by adults, the limitation is omitted. CPA § 126 also required referees and other officers appointed by the court to be sworn before proceeding.
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 oath New Yorkswearing in a referee CPLRwaiver of referee's oath