Where the reference is to more than one referee all must meet together and hear all the allegations and proofs of the parties; but a majority may appoint a time and place for the trial, decide any question which arises upon the trial, sign a report or settle a case. Any of them may administer an oath to a witness; and a majority of those present at a time and place appointed for the trial may adjourn the trial to a future day.
R 4316.Procedure where more than one referee.
Article 43. Trial by a Referee · Last amended 1963 · Last verified July 21, 2026
In one sentenceWhen a court appoints more than one referee, all of them must sit together through the hearing, though a majority can handle scheduling, procedural rulings, adjournments, and signing the report.
Full Text of CPLR 4316
Plain-English Summary
CPLR 4316 governs the rare case where a matter goes to more than one referee at once. Every referee has to attend and hear all the evidence and argument together; no one can review a cold transcript in place of sitting through the hearing.
Once they are all present, though, day-to-day management does not require unanimity. A majority can fix the time and place for trial, rule on questions that come up during the hearing, sign the report, or settle a case, and any single referee can administer an oath to a witness. A majority of the referees present at a scheduled session can also adjourn it to a later day.
Frequently Asked Questions
If a case is referred to three referees, do all three have to attend every session?
Yes. CPLR 4316 requires all referees to meet together and hear the parties' evidence and arguments.
Can two of three referees outvote the third on a procedural ruling?
Yes. A majority may decide questions that arise at trial, sign the report, or settle a case even where one referee disagrees.
Can one referee alone adjourn the hearing?
No, not alone, but a majority of the referees present at the scheduled time and place can adjourn to a future day.
Can a single referee, among several appointed, administer an oath to a witness?
Yes. CPLR 4316 lets any one of the referees administer an oath to a witness, even though a majority is needed for other rulings.
What tasks can a majority of the referees handle without the whole panel?
A majority may fix the time and place for trial, decide questions that arise during the hearing, sign the report, or settle a case; the full panel is required only to attend and hear the evidence together.
Advisory Committee Notes
This rule is based on the balance of CPA § 468.
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: multiple referees New Yorkthree referees procedure CPLRmajority of referees rule