§53.1.5 Purpose and Procedure

• Jurisdiction: Washington

§53.1.5 PURPOSE AND PROCEDURE

The purpose of and procedure under CR 53.1 and Fed. R. Civ. P. 53 are discussed below.

(1)Purpose

The appointment of a referee serves two purposes. First, it offers civil litigants who consent to a referee an option to expedite their lawsuit before an impartial decision maker as long as they are willing to waive their right to a jury. See RCW 4.48.010. Second, the parties can stipulate to a referee of their choosing. RCW 4.48.030.

Even if only one party applies to have a referee appointed, the court may channel an equity issue to a referee to conduct a trial and prepare a comprehensive report of the proceedings, to assist the court in expediting a ruling on the merits. See RCW 4.48.020.

(2)Procedure

If the parties choose to have their case decided by a referee, they must agree in writing upon the issues to be tried. RCW 4.48.010. Thereafter, the court must enter a stipulated order appointing the referee. RCW 4.48.010. An order may limit or direct the referee's power. RCW 4.48.060. A trial before a referee is a public proceeding that anyone can attend. Thus, at least five days before the trial, the referee must advise the court clerk of the time and place of the trial. RCW 4.48.130(1). The clerk must then post a notice in a conspicuous place in the...