(a) Upon Consent of the Parties. The parties may stipulate that any issue shall be determined by a referee. Upon the filing of the stipulation with the clerk, the clerk shall forthwith enter an order referring the issue for trial to the referee named therein. Where the stipulation does not name a referee, the court shall designate a referee. Leave of court and designation by it of the referee is required for references in matrimonial actions; actions against a corporation to obtain a dissolution, to appoint a receiver of its property, or to distribute its property, unless such action is brought by the attorney-general; or actions where a defendant is an infant.
§ 4317.When reference to determine may be used.
Article 43. Trial by a Referee · Last amended 2006 · Last verified July 21, 2026
In one sentenceCPLR 4317 spells out when a case or issue can go to a referee to decide outright: by the parties' stipulation, or, without their consent, for long-account cases like mechanic's lien foreclosures or separate damages issues that do not require a jury.
Full Text of CPLR 4317
(b) Without Consent of the Parties. On motion of any party or on its own initiative, the court may order a reference to determine a cause of action or an issue where the trial will require the examination of a long account, including actions to foreclose mechanic’s liens; or to determine an issue of damages separately triable and not requiring a trial by jury; or where otherwise authorized by law.
(c) Transcript. Unless otherwise stipulated, a transcript of the testimony together with the exhibits or copies thereof of the issue heard before the referee shall be provided to all the parties involved upon payment of appropriate fees.
Plain-English Summary
A reference to determine hands real decision-making power to the referee: whatever the referee decides stands as the court's own decision under CPLR 4319. CPLR 4317 sets the two paths to get there. Under subdivision (a), the parties can stipulate to send an issue to a referee; filing the stipulation with the clerk triggers an order of reference to whichever referee the parties named, or one the court picks if they left that blank. Some cases need more than the parties' say-so: matrimonial actions, suits to dissolve a corporation or distribute or place a receiver over its property, unless the attorney general brought the case, and actions involving an infant defendant all require the court's own leave and its own choice of referee.
Subdivision (b) covers references the court can order over a party's objection. The classic case is a long account, a claim, like a mechanic's lien foreclosure, that turns on working through detailed and voluminous records, where a referee can manage the fact-finding more efficiently than a jury or judge working through trial testimony. The court can also refer a separate, non-jury issue of damages, or refer a case where some other law authorizes it.
Subdivision (c) rounds out the mechanics: unless the parties stipulate otherwise, any party can get a transcript of the referee's hearing, along with exhibits or copies, by paying the applicable fee.
Frequently Asked Questions
Can the parties agree to send their case to a referee instead of a judge?
Yes. CPLR 4317(a) lets the parties stipulate that a referee will determine an issue, though matrimonial actions, certain corporate dissolution cases, and cases with an infant defendant need the court's own leave and choice of referee.
Can a court order a reference to determine without the parties' consent?
Yes, under CPLR 4317(b), for a cause of action or issue that requires examining a long account, including mechanic's lien foreclosures, or a separate issue of damages that does not require a jury.
What is a long account reference?
It is a case, such as a mechanic's lien foreclosure, whose resolution turns on working through detailed, voluminous financial records, the kind of task that can bog down a jury trial and that CPLR 4317(b) lets a court hand to a referee.
Can I get a transcript of a referee's hearing?
Yes. CPLR 4317(c) entitles any party to a transcript and copies of exhibits upon payment of the applicable fees, unless the parties stipulated otherwise.
Does a divorce case require the court's approval before using a referee?
Yes. Matrimonial actions need leave of court and the court's own designation of the referee under CPLR 4317(a).
Advisory Committee Notes
Subd (a) of this section permits a reference to determine where the parties consent thereto. It embodies the substance of CPA §§ 464 and 465 of the civil practice act, permits a reference to determine where the parties consent thereto.
Subd (b) of this section provides for references to determine where the parties do not consent thereto. It includes the provision of former CPA § 466 for a reference to hear and determine an action involving a long account, but omits the qualification that no difficult question of law must be involved. The last sentence of that section also provided for a reference to report one or more specific questions of fact, which is covered by CPLR rule 4212. Although the provision for a reference to hear and determine an action involving a long account is unqualified in both § 466 and this subdivision, there is a limited qualification under case law. There is no constitutional right to a trial by jury in an action involving a long account because such actions were referable before the adoption of the Constitution of 1777. Steck v Colorado Fuel & Iron Co. 142 NY 236, 37 NE 1 (1894). However, a reference is not permitted where the account is required by the answer, not the complaint, and the defendant denies the plaintiff’s claim, because the plaintiff’s right to trial by jury cannot be impaired. Schaffer v City Bank Farmers Trust Co. 269 NY 336, 199 NE 503 (1936). It was not considered advisable to set forth this narrow constitutional limitation in this subdivision; a description of a case to which it is applicable would necessarily be so detailed as to overemphasize its importance.
The provision that the issue of damages may be tried by a referee is new, although a reference to determine damages might have been made in some situations under former practice. Thus referees were expressly permitted to assess damages on a motion for summary judgment where there was no other triable issue of fact (RCP 113), except where the defendant had a right to jury trial. Livingston v Blumenthal, 248 App Div 138, 289 NY Supp 5 (1st Dept 1936). Referees might also have assessed damages after a default. CPA § 490; § 3215. References to assess damages sustained by reason of an injunction, formerly authorized by CPA § 894 required confirmation by the court and accordingly were references to report. The First Department has approved a reference to determine damages sustained before an injunction was granted where an official referee was appointed. Alexander’s Dept. Stores, Inc. v Ohrbach’s Inc. 269 App Div 321, 56 NYS2d 173 (1st Dept 1945).
The reason for referring actions which involve long accounts—the fact that they are intricate and time consuming— appears equally applicable to the trial of complex damage issues. Cf. Steck v Colorado Fuel & Iron Co. 142 NY 236, 37 NE 1 (1894). Rule 4212 permits references to report on such issues.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 2006, ch 582, § 1, eff Aug 16, 2006.
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: reference to determine New Yorkconsent to referee CPLRlong account reference New Yorkmechanic's lien foreclosure refereereference without consent of the parties