CPLR § 4321

Fees and expenses

Rule 4321. Fees and expenses. 1. An order or a stipulation for a reference shall determine the basis and method of computing the referee's fees and provide for their payment. The court may make an appropriate order for the payment of the reasonable expenses of the referee. Unless the court otherwise orders or the stipulation otherwise provides, such fees and expenses of the referee shall be taxed as costs.

2. This section shall not apply where the reference is to a judicial hearing officer.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/4321

In plain English

The order or stipulation must set the basis and method for computing the referee's fees and provide for payment. The court may order payment of the referee's reasonable expenses. Unless the court/stipulation says otherwise, fees and expenses are taxed as costs. ★ This section does NOT apply when the referee is a JHO. ★

★ Exam hits:

Verbatim statute: CPLR - Article 43

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.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.