Rule 53.1.Referees
Group 6: Trials · Not amended since adoption on record · Last verified July 13, 2026
Full Text of Rule 53.1
Plain-English Summary
Rule 53.1 does not spell out the law governing referees itself. Instead, each lettered subsection names a stage of the referee process — the definition and powers of a referee, reference by consent and its effect on the right to jury trial, reference without consent, who may be referred a case, a referee's qualifications, challenges to a referee, trial procedure and the referee's powers at trial, the contents and filing of the referee's report, proceedings after the report is filed, entry of judgment on the report, and the referee's fees — and marks each one "[Reserved]" with a citation to the Revised Code of Washington section that governs it, from RCW 2.24.060 through RCW 4.48.100.
In practice, this means a lawyer who needs to know how a referee is appointed, what a referee may do at trial, or how a referee's report becomes a judgment has to go to the cited RCW provision rather than to the text of Rule 53.1. The rule's function is to map the topic to its statutory home, not to restate the statute's substance.
Frequently Asked Questions
What does CR 53.1 say about referees?
Each subsection names a topic — such as a referee's powers, how a case is referred with or without consent, a referee's qualifications, or the referee's report — and states that it is reserved to a specific RCW section rather than setting out the substantive rule in the text of CR 53.1 itself.
Where do I find the actual rules governing referees in Washington superior court?
In the Revised Code of Washington. Rule 53.1 cross-references RCW 2.24.060 for a referee's definition and powers, and RCW 4.48.010 through RCW 4.48.100 for reference by consent, reference without consent, qualifications, challenges, trial procedure, the referee's report, proceedings on the report, judgment on the report, and referee fees.
Does reference to a referee affect the right to a jury trial?
CR 53.1(b) identifies reference by consent and its relationship to the right to jury trial as a topic, but directs the reader to RCW 4.48.010 for the governing rule rather than describing the effect in the rule text.
How is Rule 53.1 different from Rule 53.3?
Rule 53.1 covers referees under the statutory scheme in RCW 2.24 and RCW 4.48 and defers entirely to those statutes. Rule 53.3 covers a separate role, the special master appointed to preside at depositions or resolve discovery disputes, and sets out that procedure directly in the rule's own text.