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FAX NO. Optional E-MAIL ADDRESS Optional SUPERIOR COURT OF CALIFORNIA COUNTY OF CITY AND ZIP CODE BRANCH NAME STREET ADDRESS MAILING ADDRESS PETITIONER/PLAINTIFF RESPONDENT/DEFENDANT STIPULATION FOR ORDER APPOINTING REFEREE MOTION CASE NUMBER 1. ADR-109 ATTORNEY OR PARTY WITHOUT ATTORNEY Name State Bar number and address FOR COURT USE ONLY ATTORNEY FOR Name TELEPHONE NO. Applicant. The following parties apply for appointment of a referee name each applicant 2. Statutory ground for...appointment. a* Section 638. Appointment of the referee is requested under Code of Civil Procedure section 638 because check one all parties to the action have agreed to the appointment of a referee under section 638. b. the parties entered into a written contract or lease that provides that any controversy arising from it shall be heard by a referee as follows identify agreement and state provision for appointment of referee below or in Attachment 2a and complete 1 or 2 Discovery...reference. It is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon* Code Civ* Proc* 639 a 5. State the exceptional circumstances specific to the particular case that require the discovery reference below or in Attachment 2b 1. Other reference. Check one or more of the following statutory grounds and state the reason the appointment is requested...below or in Attachment 2b 2. a The trial of an issue of fact requires the examination of a long account. Code Civ* Proc* 639 a 1. b The taking of an account is necessary for the information of the court before judgment or for carrying a judgment or order into effect. Code Civ* Proc* 639 a 2. c A question of fact other than upon the pleadings has arisen by motion or otherwise. Code Civ* Proc* 639 a 3. d It is necessary for the information of the court in a special proceeding. Code Civ* Proc* ...3. Referee. Applicant requests appointment of the following person as referee a* Name b. Business address c* Telephone number d. The proposed referee is an active or inactive member of the State Bar. A proposed referee who is a former California judicial officer must also be an active or inactive member of the State Bar. The proposed referee s State Bar number is electronic form Form Approved for Optional Use Judicial Council of California ADR-109 Rev* January 1 2007 Alternative Dispute...Resolution 2005-7 Page 1 of 2 WWW*LawCA. co m Code of Civil Procedure 638 et seq. Law Publishers Cal* Rules of Court rule 3. 900 3. 910 3. 920 3. 927 4. Subject matter of reference. all issues in dispute. the following issues describe issues to be covered by reference below or in Attachment 4a Attachment 4b 5. Referee s compensation* Check and complete one. The referee will not be privately compensated by the parties. The parties have agreed that the referee s fees shall be paid as follows...state agreement below or in the court under Code of Civil Procedure section 645.
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What is stipulation or motion for

A stipulation or motion for is a formal request to a court to agree on certain facts or motions in a legal case.

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Motion order referee template is needed by:
  • Lawyers representing clients in court
  • Individuals involved in a legal dispute
  • Parties seeking to clarify or settle a matter before the court
  • Consumers filing motions to expedite court processes

How to Fill Out a Stipulation or Motion for Form Form

What is a stipulation for motion for form?

A stipulation for motion for form is a legal document that outlines an agreement between parties in a case regarding specific procedures. Its primary purpose is to streamline court processes by allowing agreements on particular legal points, which, if accepted by the court, facilitate more efficient case management. Understanding how to fill out this document can prevent delays and misunderstandings.
  • Facilitates agreement on procedural aspects between parties, reducing disputes.
  • Helps to clarify positions on certain motions, aiding in case progression.
  • Used in various scenarios such as family law cases, civil disputes, or settlement agreements.

What are the key components of the stipulation for order appointing referee?

Understanding the structure of the stipulation for order appointing referee is crucial for effective legal documentation. The document typically begins with an 'ADR-ATTORNEY OR PARTY WITHOUT ATTORNEY' section, detailing participant information and case particulars. Familiarity with the required sections ensures that all necessary details are included to meet court requirements.
  • It includes essential sections such as names, case number, and relevant details.
  • Grounds for appointing a referee are explained as per the Code of Civil Procedure.
  • Must clearly define who can file and what information is mandatory for the application.

Why are applicant details important?

Applicant details are pivotal as they determine who has the standing to submit the stipulation. By including all parties involved in the application, it helps to mitigate future disputes and ensures that everyone is aware of their rights and obligations. Accurate information here is crucial for the court's acknowledgment of the motion.
  • An applicant can be individuals or representatives of parties involved in the case.
  • Names, addresses, and contact information must be properly documented.

How do you file a stipulation?

Filing the stipulation is a structured process requiring careful attention to detail. Preparation starts with gathering necessary information from all involved parties before accurately filling out the ADR form. Common pitfalls include incomplete entries and incorrect formatting, potentially delaying the approval process with the court.
  • Collect and organize required information from all applicable parties.
  • Ensure that all fields are filled out correctly to avoid mistakes.
  • Follow court-specific procedures for filing the motion, including required documentation.

What are the statutory grounds for the appointment of a referee?

Understanding the statutory grounds as per the Code of Civil Procedure is essential when filing for a referee's appointment. These sections outline the valid circumstances under which a referee can be appointed, including discovery disputes or when legal complexities necessitate expert intervention. Familiarity with exceptional circumstances can significantly strengthen the motion.
  • Detail specific sections of the Code of Civil Procedure relating to referee appointments.
  • Highlighting situations when issues may arise, justifying the need for a referee.
  • Provide real-life examples illustrating when a referee is warranted.

What additional considerations are there when filing a stipulation?

Recognizing potential delays in the approval process is vital; many factors can contribute, from incomplete information to court calendars. Understanding the legal implications and responsibilities each party holds will help maintain collaboration throughout any legal proceedings. Tools like pdfFiller can be advantageous in tracking your motion's status effectively.
  • Be aware of court processing times that may slow down your motion approval.
  • Clarify obligations and rights among all parties involved in the stipulation.
  • Track status and updates using document management tools to stay informed.

How can pdfFiller enhance your document management experience?

pdfFiller provides numerous functionalities that simplify the stipulation process. Users can edit, sign, and collaborate on the stipulation form seamlessly from any location thanks to its cloud-based platform. Key features like templates and eSignature tools ensure an efficient workflow, especially when managing multiple documents.
  • Allows users to collectively work on documents in real time to ensure accuracy.
  • Ensures documents can be accessed from anywhere, reducing risks of loss.
  • Includes templates and signing tools designed for legal compliance and ease.

What are the best practices for drafting and submitting your stipulation?

Effective communication during the drafting phase can prevent misunderstandings and legal disputes down the line. Keeping records of all interactions and documentation is essential for transparency. Parties involved should collaborate effectively, ensuring clarity and brevity in language to avoid misinterpretations.
  • Use easy-to-understand legal terminology to minimize confusion.
  • Maintain detailed logs for transparency and referential integrity.
  • Foster open communication among parties to align on terms and conditions.

How to fill out the motion order referee template

  1. 1.
    Begin by downloading the appropriate form for your stipulation or motion for from pdfFiller.
  2. 2.
    Open the form on pdfFiller and ensure you have access to any required legal documents that need to be appended.
  3. 3.
    Fill in the caption section, which includes the court name, case number, and names of the parties involved.
  4. 4.
    Clearly state the stipulation or motion being requested, ensuring it is specific and concise.
  5. 5.
    Include any pertinent facts or agreements that support your motion or stipulation.
  6. 6.
    Add a section for signatures, including lines for the attorneys or parties involved, if necessary.
  7. 7.
    Review the completed document for accuracy and completeness before submitting.
  8. 8.
    Save the form on pdfFiller to keep a record and print copies as needed for filing.
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