Found an issue on this page? Let us know and we will look into it as soon as possible.
Can the court force me to pay for a discovery referee if i'm a pro per litigant?
Anonymous9 views3 answers
If it is determined that discovery dispute is appropriate for a discovery referee but one party is not reasonably able to pay for it, the court should not refer the matter to a referee unless it can do so without costs to that party. The court is required to consider the financial circumstances of the parties and make certain findings about each party's ability to pay the referee's fees.
Specifically, Code of Civil Procedure Section 639(d)(6)(A) requires the court to make "Either a finding that no party has established an economic inability to pay a pro rata share of the referee's fee or a finding that one or more parties has established an economic inability to pay a pro rata share of the referee's fees and that another party has agreed voluntarily to pay that additional share of the referee's fee. A court shall not appoint a referee at a cost to the parties if neither of these findings is made."
Furthermore, Code of Civil Procedure Section (d)(6)(B) provides, "In determining whether a party has established an inability to pay the referee's fees under subparagraph (A), the court shall consider only the ability of the party, not the party's counsel, to pay these fees. If a party is proceeding in forma pauperis, the party shall be deemed by the court to have an economic inability to pay the referee's fees. However, a determination of economic inability to pay the fees shall not be limited to parties that proceed in forma pauperis. For those parties who are not proceeding in forma pauperis, the court, in determining whether a party has established an inability to pay the fees, shall consider, among other things, the estimated cost of the referral and the impact of the proposed fees on the party's ability to proceed with the litigation."
If it is determined that discovery dispute is appropriate for a discovery referee but one party is not reasonably able to pay for it, the court should not refer the matter to a referee unless it can do so without costs to that party. The court is required to consider the financial circumstances of the parties and make certain findings about each party's ability to pay the referee's fees.
Specifically, Code of Civil Procedure Section 639(d)(6)(A) requires the court to make "Either a finding that no party has established an economic inability to pay a pro rata share of the referee's fee or a finding that one or more parties has established an economic inability to pay a pro rata share of the referee's fees and that another party has agreed voluntarily to pay that additional share of the referee's fee. A court shall not appoint a referee at a cost to the parties if neither of these findings is made."
Furthermore, Code of Civil Procedure Section (d)(6)(B) provides, "In determining whether a party has established an inability to pay the referee's fees under subparagraph (A), the court shall consider only the ability of the party, not the party's counsel, to pay these fees. If a party is proceeding in forma pauperis, the party shall be deemed by the court to have an economic inability to pay the referee's fees. However, a determination of economic inability to pay the fees shall not be limited to parties that proceed in forma pauperis. For those parties who are not proceeding in forma pauperis, the court, in determining whether a party has established an inability to pay the fees, shall consider, among other things, the estimated cost of the referral and the impact of the proposed fees on the party's ability to proceed with the litigation."
Amy Elizabeth MartinezLitigation LawyerIrvine, CACA licensed ·
Yes, unfortunately, a Court can do that and I've seen it done. You should find out if the Court you are in (i.e. Orange County, Los Angeles, etc.) offers free mediation or referee services.
Yes, the court has the power to do this. It is in my view abusive and coercive but it is a technique that is often used by courts (especially in family law cases) to "encourage" settlements and other non-trial dispositions.