Rule 3.920 Purposes and conditions for appointment of referee

A referee is a neutral person a court can appoint to help handle parts of a case, like reviewing evidence or overseeing certain legal processes. Courts can only appoint referees for specific reasons listed in California law, and they cannot use this process for just any purpose they choose.

One thing courts cannot do is appoint a referee to run a mediation. Mediation is a separate process with its own rules, and using the referee appointment system for that purpose is not allowed.

Courts also cannot appoint a discovery referee (someone who oversees the exchange of evidence between parties) unless the case has truly unusual circumstances that make it necessary. This means a court cannot routinely assign a discovery referee just because a case is complicated or time-consuming. There needs to be something exceptional about the situation to justify it.