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This entry was published on 2014-09-22
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SECTION 4312
Number of referees; qualifications
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 43
Rule 4312. Number of referees; qualifications. 1. A court may
designate either one or three referees; provided, however, a judicial
hearing officer may be designated a referee, in which case there shall
be only one referee. Except by consent of the parties, no person shall
be designated a referee unless he is an attorney admitted to practice in
the state and in good standing. Where a referee may be designated by
the parties, they may designate any number of referees.

2. Except in matrimonial actions or where the reference is to a
judicial hearing officer, a person to whom all the parties object may
not be designated as a referee. In matrimonial actions, only a judicial
hearing officer or a special referee appointed by the chief
administrator of the courts may be designated to determine an issue. In
a matrimonial action the court shall not order a reference to a referee
nominated by a party.

3. No person shall serve as referee who holds the position of court
clerk, or clerk, secretary or stenographer to a judge; or who is the
partner or clerk of an attorney for any party to the action or occupies
the same office with such attorney, except as provided in paragraph five
of this rule.

4. A judge shall not serve as a referee in an action brought in a
court of which he is a judge except by the written consent of the
parties, and, in that case, he cannot receive any compensation as
referee.

5. In uncontested matrimonial actions, a court clerk, law secretary,
or any other non-judicial employee of the court, who is an attorney in
good standing admitted to practice in the state, may be appointed by an
administrative judge to serve without fee as a referee for the purpose
of hearing and reporting to the court.