Rule 65.Referees

A referee is a court-appointed fact-finder who takes over some or all of a case from the judge. The court decides who is qualified to serve, and fees are set under ORS 21.400 — a referee cannot hold the report hostage until paid. Two paths lead to a reference: the parties can agree to it in writing, and if the case would otherwise go to a jury, consenting to a reference on the facts waives that right; without agreement, a court can still send a non-jury case to a referee, on a party’s motion or the court’s own initiative, but only on a showing that some exceptional condition makes it necessary.

The order of reference sets the referee’s marching orders — what to decide, what powers to use, and deadlines for hearings and the report. Within that scope, the referee runs the hearing much like a judge: compelling the production of evidence, ruling on admissibility unless the order says otherwise, swearing and questioning witnesses, and, if a party asks, keeping a record of what came in and what was excluded. The referee must set an initial meeting within 20 days of the order, move the case along with reasonable diligence, and may proceed without an absent party or adjourn instead. Witnesses are subpoenaed the same way as at trial, under Rule 55, with contempt as the consequence for ignoring one. Once finished, the referee reports findings and conclusions when the order called for them, files the transcript and exhibits with the court, and mails copies to the parties. Unless the parties agreed otherwise, those findings carry the same weight as a jury verdict — a party has 10 days after notice of the filing to object, and the court then affirms or sets aside the report by motion, in whole or in part. Parties can also agree upfront that the referee’s findings will be binding, or binding unless clearly erroneous.