DISCOVERY CASE
OUTLINE
© Richard E. Best 1998-2003
All Right Reserved
DISCOVERY
|
CAL. LEGAL RESOURCES |
DISCOVERY REFEREE |
FEDERAL
RESOURCES |
CONTACT E-discovery |
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