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.
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:
A referee has all court powers except: can't quit, can't name a successor, can't hold anyone but a witness in contempt. "Referee" includes a JHO.
Referee must be an attorney in good standing (unless all parties consent otherwise); court clerks, judges' clerks/secretaries/stenographers, and a party attorney's partner/office-mate are barred — except an attorney-clerk/law-secretary may serve without fee in an uncontested matrimonial by an administrative judge's appointment.
First hearing within 20 days of the order (Rule 4313); decision or report filed within 30 days of final submission (§§ 4319–4320) — file late → possible new trial + no fees.
Determine = binding (decision "stands as the decision of a court"); report = recommendation (findings of fact + conclusions of law).
Without consent, a reference to determine needs a long account, separately-triable non-jury damages, or other legal authority. Matrimonial / corporate-dissolution / infant-defendant references need leave of court + court-chosen referee.
One or three referees; a JHO means only one; the JHO fee rule (Rule 4321) does not apply to JHOs.
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.