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Private Judging
- Discovery Referee/Special Master
With the current court budget crisis, the courts are routinely turning to “Special Masters” and “Discovery Referees” as permitted under California Code of Civil Procedure (CCP) sections 635-645.2. The appointment of a discovery referee or special master can be cost effective and efficient especially if the case involves several different issues, multiple parties and tends to be document intensive. Both the discovery referee and special master take a “hands on” approach and actively manage the case by coordinating discovery and resolving discovery disputes so settlement discussions can be productive. A special master serves as an extension of the court in that he or she may marshall evidence almost like a receiver while a discovery referee usually engages in discovery matters, but also may try parts of a case and create findings of fact or law that become public record.
The parties are encouraged to agree to a mutually acceptable neutral, usually a former judge or well respected practioner with a desired expertise, to serve as a referee. If they cannot agree on a referee many times the court will request the parties submit a list of names in which the court will assist in the selection process.
- Judge Pro Tem
The parties mutually agree, usually upon a former judge, to serve in a private trial as a judge Pro Tem (pore). The trial is conducted similar to a court trial and the outcome is appealable.
- Private Judge
The parties mutually agree, usually on a former judge, to serve as a judge pro tem in a private trial. The parties can agree the verdict will be binding or non binding, as well as who the triers of fact will be, either a jury or the judge. The parties may hire jurors utilizing a local jury research company; Judicate West can assist with these arrangements. The judge can also be the trier of fact similar to a bench trial.
