What is Special Reference? A Comprehensive Legal Overview

Definition & meaning

A special reference is a legal procedure where a court assigns a case to a referee to make decisions on specific factual questions. This process is often used to determine issues like the amount of damages a plaintiff may recover. The court's order for a special reference outlines the specific questions the referee must address, their powers, and the timeline for submitting their report. The findings made by the referee are advisory and not binding on the trial judge.

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Legal use & context

Special references are commonly used in various legal contexts, particularly in civil and family law cases. For instance, in matrimonial actions in New York, a special referee may be appointed to resolve specific issues, such as financial disputes. Users may find it beneficial to utilize legal forms and templates available through resources like US Legal Forms to facilitate the special reference process.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

In a divorce case, a court may appoint a special referee to evaluate the couple's assets and determine how they should be divided. The referee will report their findings to the judge, who will consider these recommendations when making a final ruling.

(Hypothetical example) In a personal injury case, a court might use a special reference to assess the damages that the injured party is entitled to recover, ensuring that a neutral party evaluates the evidence.

Relevant laws & statutes

In New York, the relevant statute governing special references is found in the New York Civil Practice Law and Rules (CPLR), specifically under CPLR R 4312. This statute outlines the procedures and limitations regarding the appointment of referees in legal actions.

State-by-state differences

State	Special Reference Guidelines
New York	Referees must be appointed by the court, and issues cannot be referred to a party-nominated referee in matrimonial actions.
California	Referees can be appointed for various civil matters, with specific rules governing their powers and duties.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Referee	A person appointed by the court to resolve specific issues in a case.	A special reference specifically involves the court's direction on limited issues.
Mediation	A process where a neutral third party helps disputing parties reach a settlement.	Mediation is typically non-binding, while findings from a special reference are advisory.

Common misunderstandings

What to do if this term applies to you

If you find yourself involved in a case that may require a special reference, consider the following steps:

Consult with a legal professional to understand how a special reference may impact your case.
Explore legal templates and forms available through US Legal Forms to assist in the process.
Prepare any necessary documentation that may be required for the referee's review.

In complex situations, seeking professional legal assistance is advisable.

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Quick facts

Typical use: Civil and family law cases.
Jurisdiction: Varies by state.
Findings: Advisory, not binding.
Appointment: By court order.