(a) Conduct of Trial. A referee to report shall conduct the trial in the same manner as a court trying an issue without a jury.
§ 4320.Reference to report.
Article 43. Trial by a Referee · Last amended 1963 · Last verified July 21, 2026
In one sentenceIn a reference to report, the referee runs the trial like a non-jury bench trial but does not decide the case outright; instead, the referee must file a report with findings of fact and conclusions of law, plus a transcript, within thirty days of final submission.
Full Text of CPLR 4320
(b) Report; Transcript. The referee shall file his report, setting forth findings of fact and conclusions of law, within thirty days after the cause or matter is finally submitted. Unless otherwise stipulated, a transcript of the testimony together with the exhibits or copies thereof shall be filed with the report.
Plain-English Summary
A reference to report is the other track under article 43: rather than deciding the issue, the referee gathers the evidence and hands the court a recommendation. CPLR 4320(a) tells the referee to run that hearing the same way a court would try an issue without a jury.
Subdivision (b) sets what has to come out of it: a report laying out findings of fact and conclusions of law, filed within thirty days after the matter is finally submitted, along with a transcript of the testimony and the exhibits, or copies, unless the parties have stipulated to skip the transcript. That report then goes to the judge, who acts on it under CPLR 4403 by confirming, rejecting, or modifying what the referee found.
Frequently Asked Questions
What must a referee to report include in the report?
Findings of fact and conclusions of law, filed within thirty days after the matter is finally submitted, under CPLR 4320(b).
Does a referee to report decide the case?
No. Unlike a referee to determine, a referee to report only recommends findings; the judge reviews and acts on the report under CPLR 4403.
Does the referee's report need a transcript attached?
Yes, unless the parties stipulate otherwise, a transcript of the testimony and exhibits must be filed along with the report.
How does the trial procedure differ for a referee to report versus a referee to determine?
It does not. CPLR 4320(a) requires a referee to report to conduct the trial the same way as a court trying an issue without a jury, just as CPLR 4318 requires for a referee to determine.
Can a referee to report get more time to file the report?
Yes. Where a referee to report needs more than thirty days, an application can be made to amend the original order of reference and extend the deadline.
Advisory Committee Notes
Subd (a). Rule 4212 indicates where a reference to report may be utilized. In addition, other provisions of the new CPLR such as § 3215(b) make specific provision for the use of referees to report; such provision is also made in sections of the Consolidated Laws. See, e.g., Tax Law § 293; Condem Law § 22; Gen Corp Law § 116. This subd (a) of this section is based in part on the first sentence of CPA § 469 which apparently described the procedure and powers of a referee to report as well as a referee to determine. The provision regarding notice of trial in that sentence is omitted since provision for notice of trial is set forth in rule 4313. A summary statement of the powers of a referee to report is set forth in § 4201. RCP 174 specifically outlined the procedure for an accounting before a referee. The debtor-creditor form there prescribed was formerly required in equity. Cf. 5 Moore, Federal Practice 2959 (2d ed 1951). Under this subdivision, the form of procedure is in the discretion of the referee unless the court orders otherwise. Cf. Fed RCP 53(d)(3). Thus, where another form of accounting is appropriate, the referee may require it.
Subd (b) of this section is based on subparagraph 3 of CPA § 470, and on RCP 170, with some modifications. The same change is made with respect to the period for filing the report formerly in subparagraph 3 of § 470 as is made in the provision for a report of a referee to determine. See notes to § 4319. Should the referee require additional time, application may be made to amend the original order. The provision of subparagraph 3 of § 470 that the reference may be terminated by a party has been eliminated. The referee to report is answerable to the court to which he must report, and the court may take appropriate action if the referee fails to comply with the rules or order of reference. The former provision in rule 170 which required each witness to sign his testimony unless there was a waiver of that requirement by the parties is omitted.
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: reference to report New Yorkreferee findings of fact and conclusions of lawreferee's report and transcript