§ 4317. When reference to determine may be used.

228 words·~1 min read·/ny/civil-practice-law-rules/trial-by-a-referee/4317·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.