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Sample stipulation and order to appoint discovery referee in California

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This sample stipulation and order to appoint a discovery referee in California is used pursuant to Code of Civil Procedure section 638 to appoint a discovery referee to set the date, time and place for all hearings determined by the referee to be necessary, to direct the issuance of subpoenas, to preside over hearings, to take evidence, and to rule on objections, motions, and other requests made during the course of the hearing. The sample stipulation and order is 3 pages and includes brief instructions. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample stipulation and order to appoint discovery referee in California

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. STIPULATION AND ORDER FOR THE APPOINTMENT OF A DISCOVERY REFEREE To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view sample document packages sold by LegalDocsPro visit: http://www.legaldocspro.net Be sure to remove these notices before using this document. - 1 - STIPULATION AND ORDER FOR APPOINTMENT OF A DISCOVERY REFEREE
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties to this action, by and through their attorneys of record, hereby stipulate that NAME OF DISCOVERY REFEREE, STATE BAR NUMBER IF ANY OF DISCOVERY REFEREE, ADDRESS OF DISCOVERY REFEREE, PHONE NUMBER OF DISCOVERY REFEREE, may be appointed as Discovery Referee in this matter; The parties further stipulate that the Discovery Referee shall have the powers set forth in Code of Civil Procedure § 639(a)(5), be as set forth herein. Good case appearing therefore, IT IS HEREBY ORDERED: The referee has the authority to set the date, time and place for all hearings determined by the referee to be necessary, to direct the issuance of subpoenas, to preside over hearings, to take evidence, and to rule on objections, motions, and other requests made during the course of the hearing. The court has determined that no party has established an economic inability to pay a pro rata share of the referee’s fee. The referee's compensation of $AMOUNT per hour is to be shared equally by the parties unless otherwise ordered. Each side to submit a retainer of $AMOUNT to the Discovery Referee no later than DATE. The discovery referee is authorized to attend depositions, conduct in camera inspections and to undertake such other hearings as he or she may deem appropriate. The discovery referee is to submit a written report to the parties and to the court within 20 calendar days after the completion of the hearing pursuant to Code of Civil Procedure § 643(a) and (c), with a proposed order and any recommendation for the imposition of sanctions. Any objections to the report shall be served and filed no later than 10 calendar days after the report is served and filed and any party who objects to the report shall serve and file notice of a - 2 - STIPULATION AND ORDER FOR APPOINTMENT OF A DISCOVERY REFEREE
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 request for a hearing and copies of the objections and any responses shall be served upon the discovery referee. This stipulation and order may be executed in sub-parts, and facsimile signatures shall have the same force and effect as original signatures. Dated: By: ____________________________________ Attorney for Plaintiff_______________________ Dated: By: ____________________________________ Attorney for Defendant _____________________ I HEREBY CONSENT TO THE ABOVE REFERENCE. Dated: By: ____________________________________ DISCOVERY REFEREE IT IS SO ORDERED: Dated________________ ________________________________________________ JUDGE/COMMISSIONER OF THE SUPERIOR COURT - 3 - STIPULATION AND ORDER FOR APPOINTMENT OF A DISCOVERY REFEREE

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