Get CA ADR-109 2007-2023

A party's motion: Under section 639(a)(5), any party can move for the appointment of a discovery referee. A preexisting agreement is not required. The motion is to specify the matters to be included in the reference.

(Code Civ. Proc., § 638; Cal. Rules of Court, rules 3.900-3.907.) A general reference authorized by Code of Civil Procedure section 638 permits the referee to handle the entire proceeding: case management, discovery, law and motion, summary judgment motions, settlement, and trial.

An order appointing a referee under Code of Civil Procedure section 639, on the motion of a party or on the court's own motion, must be in writing and must address the matters set forth in (b) through (g). (Subd (a) amended effective January 1, 2010.)

The Civil Discovery Act (§ 2016.010 et seq.) provides specific remedies for evasive or incomplete discovery responses. The imposition of an evidence sanction is not one of the remedies. to compel further responses is limited to an award of monetary sanctions.

ultimately, the entire referee's fee will, like other recoverable costs, be borne by the losing party.” Judicial Council Form: An optional “Order Appointing Referee,” Judicial Council From, ADR-110, is available for a section 638(a) or (b) and a section 639(a)(5) discovery referee appointment.

Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.