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References and Referees

Concerning:  Referees / Types of References / The Special Referee Clerk (Room 119) /
Reference Calendar (Part SRP) / Information on Pending References (CCIS) /Reports of Referees - Availability

From time to time Justices refer issues to Special Referees, who are court employees, or to Judicial Hearing Officers ("JHO's") to hear and report or to hear and determine. The Judicial Hearing Officers program was suspended indefinitely in 2011, but several JHOs have served the court as volunteers since.

Most references are to hear and report, meaning that the JHO/Referee holds an evidentiary hearing if required and issues a report containing recommended findings and conclusions. A transcript of the hearing can be produced, but its filing may be waived by the parties. After a report has been filed, notice is to be given to the parties of the filing. The plaintiff must move to confirm or reject all or part of the report within 15 days of the giving of notice.  If plaintiff fails to so move, the defendant shall do so within 30 days. CPLR 4403; Uniform Rule 202.44 (a). A referee may also be appointed to supervise disclosure. CPLR 3104.

On a reference to determine, the JHO/Referee decides the matter referred. There is nothing for the referring Justice to confirm or reject. Any appeal is taken directly to the Appellate Division from the entered order or judgment of the JHO/Referee. Because of the constitutional right to a jury trial, the court's power to order references to determine is circumscribed. CPLR 4317. The court may order such a reference on consent (with a few exceptions) or in the case of a long account, or where otherwise constitutionally permitted, i.e., issues in which references were permitted historically. The parties may also, with few limits, designate their own referee.

An order of reference must make clear the exact issue being referred and any and all constraints on the JHO/Referee.

The court, through its Special Referee Clerk (Room 119, 646-386-3028), will endeavor to identify all decisions in which a reference to a JHO/Referee is directed by a Justice and to calendar same promptly after issuance without the need for action by counsel.  A box has been placed on the court's decision form ("gray sheet") so that the assigned Justice can use this means to notify the Special Referee Clerk that a reference is being directed.  The Clerk will inform counsel of the issuance of the order of reference and forward a copy of an Information Sheet. However, as a safeguard to ensure against inadvertent delay, counsel must, as soon as possible after issuance of the decision (which will in most cases be posted on the court's website within hours after issuance), serve on the Special Referee Clerk a copy of the Information Sheet.  The Information Sheet must be completed in full and transmitted as soon as possible to the Special Referee Clerk as directed in the Sheet. For access to a copy of the Information Sheet, click here.

The matter will be placed on the Reference Calendar in the Special Referees Part (Part SRP) for some weeks after notice of the reference comes to the attention of the Special Referee Clerk and counsel will be informed of the date of the hearing.  The Reference Calendar is conducted Monday through Thursday in Part SRP, Room 106 at 80 Centre Street, 9:30 AM.  There, matters are assigned to an available JHO/Referee for a hearing.  Cases are assigned on the original hearing date in the Referees Part and the reference hearing normally commences on the original date; attorneys should therefore be prepared to proceed on that date. The hearing will be conducted in the same manner as a trial before a Justice without a jury (CPLR 4318, 4320 (a))(the proceeding will be recorded by a court reporter, the rules of evidence apply, etc.). For the Rules of Part SRP, including procedures regarding adjournments, and a list of the JHO's/Referees, etc.,click here.

The Rules also appear under "Special Referees Part" in the "Basic Information" section of the Rules of the Justices posted on this site.

Calendar information on cases pending in the Special Referees Part (Part SRP) and on those that have been referred therefrom to a JHO/Special Referee is recorded in the court's computer system (the Civil Case Information System) and it is reported in the Supreme Court Records On-Line Library ("SCROLL").  Each JHO/Referee is assigned to a separate Part and once a case has been referred to a JHO/Referee, it will be marked in the court's records as appearing in that JHO/Referee's Part. Information about individual cases assigned to JHO's/Referees can be obtained from the court's free case-tracking service, e-Track, and is also made available to attorneys' tracking services.  When the JHO's/Referee’s report or decision is ready, it is transmitted to the Special Referee Clerk (Room 119) for processing.  Reports and decisions issued by the JHO's/Referees are posted on the website of the court in "SCROLL" within hours after their issuance, except in matrimonial matters, Article 81 cases, sealed cases, or where the JHO/Referee directs otherwise.


November 2012