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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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.
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Case No.
STIPULATION AND ORDER FOR THE
APPOINTMENT OF A DISCOVERY REFEREE
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STIPULATION AND ORDER FOR APPOINTMENT OF A DISCOVERY REFEREE

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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
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STIPULATION AND ORDER FOR APPOINTMENT OF A DISCOVERY REFEREE

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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
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STIPULATION AND ORDER FOR APPOINTMENT OF A DISCOVERY REFEREE