Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
When reference to determine may be used
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 43
§ 4317. When reference to determine may be used. (a) Upon consent of
the parties. The parties may stipulate that any issue shall be
determined by a referee. Upon the filing of the stipulation with the
clerk, the clerk shall forthwith enter an order referring the issue for
trial to the referee named therein. Where the stipulation does not name
a referee, the court shall designate a referee. Leave of court and
designation by it of the referee is required for references in
matrimonial actions; actions against a corporation to obtain a
dissolution, to appoint a receiver of its property, or to distribute its
property, unless such action is brought by the attorney-general; or
actions where a defendant is an infant.

(b) Without consent of the parties. On motion of any party or on its
own initiative, the court may order a reference to determine a cause of
action or an issue where the trial will require the examination of a
long account, including actions to foreclose mechanic's liens; or to
determine an issue of damages separately triable and not requiring a
trial by jury; or where otherwise authorized by law.

(c) Transcript. Unless otherwise stipulated, a transcript of the
testimony together with the exhibits or copies thereof of the issue
heard before the referee shall be provided to all the parties involved
upon payment of appropriate fees.