{"jurisdiction": "us-ny", "code": "cplr", "section": "4321", "citation": "CPLR § 4321", "heading": "Fees and expenses", "text": ["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_source": "https://www.nysenate.gov/legislation/laws/CVP/4321", "from_official_api": true, "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.** ★\n\n---\n\n**★ Exam hits:**\n- 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.**\n- 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.\n- **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.**\n- **Determine = binding** (decision \"stands as the decision of a court\"); **report = recommendation** (findings of fact + conclusions of law).\n- **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.**\n- **One or three** referees; a **JHO means only one**; the **JHO fee rule (Rule 4321) does not apply** to JHOs.\n\n\n---\n*Verbatim statute:* [[CPLR - Article 43]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/4321", "publisher": "Elyphived LLC"}