1. An order or a stipulation for a reference shall determine the basis and method of computing the referee’s fees and provide for their payment. The court may make an appropriate order for the payment of the reasonable expenses of the referee. Unless the court otherwise orders or the stipulation otherwise provides, such fees and expenses of the referee shall be taxed as costs. 2. This section shall not apply where the reference is to a judicial hearing officer.
R 4321.Fees and expenses.
Article 43. Trial by a Referee · Last amended 1983 · Last verified July 21, 2026
In one sentenceThe order or stipulation setting up a reference must fix how the referee gets paid, and unless the court or the stipulation says otherwise, those fees and expenses are taxed as costs, except for a judicial hearing officer, who serves without a fee under this section.
Full Text of CPLR 4321
Plain-English Summary
CPLR 4321 makes sure a referee's compensation is settled before the work begins rather than argued over afterward. The order of reference or the parties' stipulation must set the basis and method for computing the referee's fee and how it will be paid, and the court can separately order payment of the referee's reasonable expenses.
Unless the court directs otherwise or the stipulation provides otherwise, those fees and expenses get taxed as costs in the case, folding the referee's compensation into the normal cost-shifting rules that follow the litigation's outcome. The section carves out judicial hearing officers entirely, since JHO references do not carry a separate referee's fee.
Frequently Asked Questions
Who decides how much a referee gets paid?
The order of reference or the parties' stipulation must fix the basis and method for computing the referee's fee, under CPLR 4321.
Are referee fees taxed as costs in the case?
Yes, unless the court orders otherwise or the stipulation provides otherwise, referee fees and expenses are taxed as costs.
Does a judicial hearing officer charge a referee's fee?
No. CPLR 4321 expressly excludes references to a judicial hearing officer from its fee provisions.
Can the court order payment of a referee's expenses separately from the fee?
Yes. CPLR 4321 lets the court make an appropriate order for payment of the referee's reasonable expenses.
Why does CPLR 4321 require the referee's fee to be set before the work begins?
Fixing the fee's basis and method in advance avoids the old practice of setting a referee's pay only after the report came in, when the outcome of the reference could have shaded how a losing party felt about a substantial fee.
Advisory Committee Notes
CPA § 1545 established a rate for referee’s fees which might have been varied by the court or by consent of the parties. Hampton Bays Supply Co. v Adler, 3 M2d 224, 147 NYS2d 775 (Sup Ct 1955); In re Jennings’ Estate, 206 Misc 867, 135 NYS2d 72 (Surr Ct 1954), affd, 286 App Div 256, 143 NYS2d 383 (2d Dept 1955), affd without opinion, 1 NY2d 762, 135 NE2d 56 (1956). The statutory amount thus served only as a standard which was seldom, if ever, followed because it was absurdly low. It has been eliminated. The requirement that the basis and method of computing the fees be fixed in advance is new. Under former practice in a reference of any importance the parties usually waived statutory fees when the referee tactfully withdrew from the room at the first hearing. The fee was then set by the court after the report was submitted. The possibility that the result in the reference might have induced one or more of the parties to oppose a substantial fee might have provided an unfortunate subconscious element in the referee’s decision. CPA § 1546 set referee’s fees upon sales of real property. There were additional specific limitations relating to such sales, such as the requirement in CPA § 506 that the referee be appointed by the court. The second sentence, permitting the court to order payment of disbursements, is new. Under former law, where a party refused to pay for a transcript which was required to be filed by the referee, the court, failing to obtain the transcript, terminated the reference. Zakkai v David, 285 App Div 1121, 140 NYS2d 305 (1st Dept 1955).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; 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 fees New Yorkwho pays for a referee CPLRreferee fees taxed as costsjudicial hearing officer no fee