1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR
) APPOINTMENT OF DISCOVERY REFEREE
13 vs. ) PURSUANT TO CODE OF CIVIL PROCEDURE §
) 639(a)(5); MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 ) AUTHORITIES; DECLARATION OF
) ______________; EXHIBITS
15 Defendants. )
)
16 )
) DATE:
17 ) TIME:
) DEPT:
18 )
)
19 )
)
20 )

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- 1 -
NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF DISCOVERY REFEREE
 1 http://www.legaldocspro.net
2

3
Be sure to remove these notices before using this document.
4 TO PLAINTIFF ______________________, AND THEIR ATTORNEYS OF RECORD:
5
PLEASE TAKE NOTICE that on __________________, at ________.M., or as soon after
6
that as the matter can be heard, in Department, ___ of the above-entitled court located at
7

8 _____________________________________________, ________________________, (hereinafter

9 referred to as “_____________”) will and hereby does move the Court for an order referring this
10
action/matter to NAME, ADDRESS, PHONE NUMBER AND STATE BAR NUMBER, IF ANY,
11
OF PROPOSED DISCOVERY REFEREE, as referee to hear and determine all discovery motions
12
and disputes relevant to discovery herein, including, but not limited to, disputes pertaining to
13

14 imposition of sanctions, and to report findings and make recommendations thereon.

15 This motion will be made based on the authority of Code of Civil Procedure § 639(a)(5) and
16 (d)(2) on the grounds that exceptional circumstances require the reference. The exceptional
17
circumstances are LIST HERE THE EXCEPTIONAL CIRCUMSTANCES SUCH AS
18
NUMEROUS PARTIES, THE AMOUNT OF EVIDENCE IN THE CASE IS EXPECTED TO
19

20
BE VOLUMINOUS, ETC.

21 No contract between the parties mandates the use of a reference to settle such disputes and

22 PLAINTIFF OR DEFENDANT refuses to stipulate to an order of reference. However,

23
PLAINTIFF OR DEFENDANT believes that the exceptional circumstances stated above require
24
the reference.
25
The motion shall be based upon this notice of motion and motion, the attached memorandum
26

27 of points and authorities, the attached declaration of ____________ and exhibits attached thereto,

28 concurrently filed and served herewith and incorporated herein by reference, the records and files of

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NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF DISCOVERY REFEREE
 1 this action, and on such other and further oral and/or documentary evidence as may be presented at
2 the hearing on this motion.
3

4
Dated________________ ___________________________________________________
5 ANY ATTORNEY OR PARTY
6

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NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF DISCOVERY REFEREE