When reference to determine may be used
§ 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.
(a) With consent. Parties may stipulate that a referee decides an issue. On filing the stipulation, the clerk immediately enters the order referring it to the named referee (if none named, the court designates one). ★ Leave of court + court designation is required for references in: matrimonial actions; actions to dissolve/appoint a receiver for/distribute a corporation's property (unless brought by the Attorney General); or actions where a defendant is an infant. ★
(b) Without consent. On motion or on its own, the court may order a reference to determine where the trial needs examination of a long account (including mechanic's-lien foreclosures), or to decide separately-triable damages not requiring a jury, or where otherwise authorized by law. ★
(c) Transcript. Unless stipulated otherwise, a transcript plus exhibits goes to all parties on payment of fees.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.