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Law Practice,
Civil Litigation,
Alternative Dispute Resolution

Dec. 24, 2020

Discovery referees: A useful tool

For or complex discovery issues, reference to a discovery referee can help expedite the trial process.

Michael S. Fields

Email: msflb@aol.com

Michael is an arbitrator, mediator and discovery referee. For nearly 30 years, Mr. Fields has authored and lectured on arbitration, mediation and other trial practice topics. He had a 46-year active personal injury trial practice, before retirement in 2015.

For complex discovery issues, reference to a discovery referee is a useful tool to expedite the trial process. A discovery referee can be appointed by agreement of the parties, motion of a party, or motion of the court. The appointment is usually to a retired judge, experienced attorney, or court commissioner.

For the most part, reference appointments are controlled by California Code of Civil Procedure Sections 638 through 645.1 and...

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