A general reference is a legal procedure where a court assigns a case to a referee or master to handle specific issues of fact and law. This process allows for a more detailed examination of complex matters, which can be beneficial in cases involving extensive evidence or intricate legal questions. The referee's findings are treated as the court's judgment, streamlining the resolution of disputes.
General references are commonly used in various legal contexts, including civil litigation and family law. They can be particularly useful in cases that involve:
Users may find templates for legal forms related to general references on platforms like US Legal Forms, which can help streamline the process.
Here are a couple of examples of abatement:
Example 1: In a complex commercial dispute involving multiple financial transactions, the court may refer the case to a referee to analyze the accounts and provide a detailed report on the financial issues.
Example 2: In a divorce case, if the parties cannot agree on the division of assets, the court may appoint a referee to evaluate the property and recommend an equitable distribution. (hypothetical example)
One relevant statute is the New York Civil Practice Law and Rules (CPLR) § 4317, which outlines the conditions under which a reference may be ordered, including:
Examples of state differences (not exhaustive):
| State | Reference Use |
|---|---|
| New York | Allows references with or without consent; specific rules for matrimonial cases. |
| California | Similar provisions, but may have different procedural requirements. |
| Texas | References are less common; often resolved through jury trials. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Master | A person appointed by the court to assist in managing a case. | Masters often handle procedural issues, while referees decide on substantive matters. |
| Referee | A person appointed to hear evidence and make recommendations or decisions. | Referees have more authority to make binding decisions compared to masters. |
| Arbitration | A process where disputes are settled by an independent third party outside of court. | Arbitration is typically binding, while a referee's decision can be reviewed by the court. |
If you find yourself in a situation where a general reference may be applicable, consider the following steps:
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A referee hears evidence and makes decisions on specific issues assigned by the court.