§ 4317 — When reference to determine may be used

New York § 4317

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 43: Trial By a Referee

Text

§ 4317. When reference to determine may be used. (a) Upon consent of\nthe parties. The parties may stipulate that any issue shall be\ndetermined by a referee. Upon the filing of the stipulation with the\nclerk, the clerk shall forthwith enter an order referring the issue for\ntrial to the referee named therein. Where the stipulation does not name\na referee, the court shall designate a referee. Leave of court and\ndesignation by it of the referee is required for references in\nmatrimonial actions; actions against a corporation to obtain a\ndissolution, to appoint a receiver of its property, or to distribute its\nproperty, unless such action is brought by the attorney-general; or\nactions where a defendant is an infant.\n (b) Without consent of the parties. On motion of any party or on its\nown initiative, the court may order a reference to determine a cause of\naction or an issue where the trial will require the examination of a\nlong account, including actions to foreclose mechanic's liens; or to\ndetermine an issue of damages separately triable and not requiring a\ntrial by jury; or where otherwise authorized by law.\n (c) Transcript. Unless otherwise stipulated, a transcript of the\ntestimony together with the exhibits or copies thereof of the issue\nheard before the referee shall be provided to all the parties involved\nupon payment of appropriate fees.\n