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A referee in a legal context is a person appointed by a judge to investigate the facts of a case, examine evidence, and report findings to the court. Typically, a referee is an attorney who serves as a judicial hearing officer for specific types of cases, such as family law matters. The referee listens to the case, evaluates the evidence presented, and makes recommendations to the court regarding the outcome.
Table of content
Legal Use & context
Referees are commonly used in various legal fields, including:
Family law, such as paternity and custody cases
Civil litigation, where fact-finding is necessary
They help streamline the legal process by providing detailed reports and recommendations, which can be crucial in resolving disputes. Users can often manage related forms and procedures through resources like US Legal Forms, which provides templates drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a paternity case, a judge may appoint a referee to gather evidence regarding the biological father of a child. The referee will review the evidence and make recommendations to the court regarding custody and support.
Example 2: In a civil dispute over property boundaries, a referee may be tasked with investigating the property lines and providing a report to the court, helping to clarify the facts for a final judgment.
State-by-state differences
Examples of state differences (not exhaustive):
State
Referee Use
California
Commonly uses referees in family law cases.
New York
Referees are often appointed in civil litigation.
Texas
Referees may be used in specific family law matters.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Arbitrator
A neutral third party who resolves disputes outside of court, often in binding decisions.
Mediator
A neutral facilitator who helps parties reach a voluntary agreement but does not make binding decisions.
Judge
An official who presides over court proceedings and makes legal rulings.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where a referee is involved, consider the following steps:
Review the referee's report carefully once received.
Consult with an attorney if you have questions or wish to appeal the recommendations.
Explore US Legal Forms for templates that can assist you in responding to the referee's findings.
In complex cases, seeking professional legal help is advisable.
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