§53.1.2 Text of Rule and Statutes

• Jurisdiction: Washington

§53.1.2 TEXT OF RULE AND STATUTES

(1) Text of rule

RULE 53.1 REFEREES

(a)Referees—Definition and Powers. [Reserved. See RCW 2.24.060.]

(b)Reference by Consent—Right to Jury Trial. [Reserved. See RCW 4.48.010.]

(c)Reference Without Consent. [Reserved. See RCW 4.48.020.]

(d)To Whom Reference May Be Ordered. [Reserved. See RCW 4.48.030.]

(e)Qualifications of Referees. [Reserved. SeeRCW 4.48.040.]

(f)Challenges to Referees. [Reserved. See RCW 4.48.050.]

(g)Trial Procedure—Powers of Referee. [Reserved. See RCW 4.48.060.]

(h) Referee's Report—Contents—Evidence, Filing of, Frivolous. [Reserved. See RCW 4.48.070.]

(i) Proceedings on Filing of Report. [Reserved. See RCW 4.48.080.]

(j) Judgment on Referee's Report. [Reserved. See RCW 4.48.090.]

(k) Fees of Referees. [Reserved. See RCW 4.48.100.]

(2) Text of referenced statutes

The statutes referenced in CR 53.1 provide as follows: 2.24.060. Referees - Definition - Powers.

A referee is a person appointed by the court or judicial officer with power

(1) To try an issue of law or of fact in a civil action or proceeding and report thereon.

(2)To ascertain any other fact in a civil action or proceeding when necessary for the information of the court, and report the fact or to take and report the evidence in an action.

(3)To execute an order, judgment or decree or to exercise any other power or perform any other duty expressly authorized by law.

4.48.010. Reference by consent—Right to jury trial—Referee may not preside—Parties' written consent constitutes waiver of right.

The court shall order all or any of the issues in a civil action, whether of fact or law, or both, referred to a referee upon the written consent of the parties which is filed with the clerk. Any party shall have the right in an action at law, upon an issue of fact, to demand a trial by jury. No referee appointed under this chapter may preside over a jury trial. The written consent of the parties constitutes a waiver of the right of trial by jury by any party having the right.

4.48.020. Reference without consent.

Where the parties do not consent, the court may upon the application of either party, direct a reference in all cases formerly cognizable in chancery in which reference might be made:

(1)When the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be directed to hear and decide the whole issue, or to report upon any specific question of fact involved therein; or,

(2)When the taking of an account shall be necessary for the information of the court, before judgment upon an issue of law, or for carrying a judgment or order into effect; or,

(3)When a question of fact other than upon the pleadings shall arise, upon motion or otherwise, in any stage of the action; or,

(4)When it is necessary for the information of the court in a special proceeding.

4.48.030. To whom reference may be ordered.

A reference may be ordered to any person or persons not exceeding three, agreed upon by the parties. If the reference is not agreed to by the parties, the court may appoint one or more persons, not exceeding three.

4.48.040. Qualifications of referees.

A person appointed by the court as a referee or who serves as a referee with the consent of the parties shall be:

(1)Qualified as a juror as provided by statute.

(2)Competent as juror between the parties.

(3)A duly admitted and practicing attorney.

4.48.050. Challenges to Referees.

If a referee is appointed by the court, each party shall have the same right to challenge the appointment. Challenges shall be made and determined in the same manner and with like effect as in the formation of juries, except that neither party shall be entitled to a peremptory challenge.

4.48.060. Trial Procedure - Powers of referee - Referee to provide clerical personnel.

(1)Subject to the limitations and directions prescribed in the order of reference, the trial conducted by a referee shall be conducted in the same manner as a trial by the court. Unless waived in whole or in part, the referee shall apply the rules of pleading, practice, procedure, and evidence used in the superior courts of this state. The referee shall have the same power to grant adjournments, administer oaths, preserve order, punish all violations thereof upon such trial, compel the attendance of witnesses, and to punish them for nonattendance or refusal to be sworn or testify, as is possessed by the court.

(2)Areferee appointed under RCW 4.48.010 shall provide clerical personnel necessary for the conduct of the proceeding, including a court reporter.

4.48.070. Referee's report - Contents - Evidence, filing of, frivolous.

The report of a referee appointed by the court under RCW 4.48.020 shall state the facts found, and when the order of reference includes an issue of law, it shall state the conclusions of law separately from the facts. The referee shall file with the report the evidence received upon the trial. If evidence offered by either party shall not be admitted on the trial and the party offering the same excepts to the decision rejecting such evidence at the time, the exceptions shall be noted by the referees and they shall take and receive such testimony and file it with the report. Whatever judgment the court may give upon the report, it shall, when it appears that such evidence was frivolous and inadmissible, require the party at whose instance it was taken and reported, to pay all costs and disbursements thereby incurred.

4.48.080. Proceedings on filing of report.

The report of a referee appointed by the court under RCW 4.48.020 shall be filed with the clerk within twenty days after the trial concludes. Either party may, within such time as maybe prescribed by the rules of court, or by special order, move to set the same aside, or for judgment thereon, or such order or proceeding as the nature of the case may require.

4.48.090. Judgment on referee's report.

The court may affirm or set aside the report of a referee appointed under RCW 4.48.020 either in whole or in part. If it affirms the report it shall give judgment accordingly. If the report be set aside, either in whole or in part, the court may make another order of reference as to all or so much of the report as is set aside, to the original referees or others, or it may find the facts and determine the law itself and give judgment accordingly. Upon a motion to set aside a report, the conclusions thereof shall be deemed and considered as the verdict of the jury.

4.48.100. Compensation of referee - Trial expense - Obligation of parties, when.

(1)The compensation of a referee appointed under RCW 4.48.020 shall be the same as that established for a superior court judge pro tempore under RCW 2.08.180.

(2)If a referee is appointed...