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DISCOVERY CASE OUTLINE
© Richard E. Best 1998-2003 All Right Reserved

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REFEREE LIST          REFEREE OUTLINE
REFEREE ORDER


FORMAT FOR ORDER APPOINTING REFEREE

A copy of this order shall be forwarded to the office of the Presiding Judge.

Pursuant to CCP §639(a)(5) _____________is appointed to serve as discovery referee. The Court has accepted nominations from the parties and selected the referee from those nominations or the parties have agreed to the referee or no nominees were submitted and the court appointed the referee.

The referee is being appointed to hear and determine and report to the court on the following discovery matters:
_______________________________________________________________________________________________.

A 170.6 challenge shall be made pursuant to CCP 639(b).

The exceptional circumstances requiring the reference, which ar specific to this particular case are the following ______________________________________________________________________________________.

Complex, time consuming issues
Privilege issues relating to numerous documents
Depositions requiring presence of neutral party
On going discovery disputes
Inordinate consumption of time on routine discovery disputes involving the parties
Need to control discovery abuses
Need to assure and provide cost effective discovery
Part of case management program

The name, business address and telephone number of the referee are as follows:

________________________________________
_________________________________________
___________________________________________

The maximum hourly rate of the referee is set at $_________________
No party has requested that the maximum number of hours be set. OR The maximum number of hours is set at _______.
No party has established an economic inability to pay its pro rata share of the referee fees OR A party has established an inability to pay and another party has agreed voluntarily to pay such fees.

The referee shall report its statemtn of decision in writing to the court within 20 days after any hearing and the matter has been submitted. Such report shall comply with the CCP and related CRC provisions


OTHER MATTERS FOR CONSIDERATION
The following conditions apply to this reference

The above terms and obligations for payment are provisional and may be reconsidered and modified by the court. The referee shall recommend an allocation of referee fees. Upon request of any party, the referee shall determine and report whether, the extent of and the reasons why any party is more responsible for the parties incurring costs and shall recommend an appropriate division of the costs of the reference based on that responsibility.

sanctions
fee allocation

Set forth terms of rule 244.2c-e
referee authority
report & order within 20 days
Objections within 15 days
Notice & request for hearing

All applicable provisions of statute, California Rules of Court and local rules are incorporated herein by reference as if set forth herein.

APPROVAL AS TO FORM