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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34914
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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How do I title and compose a motion to have the referee changed

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How do I title and compose a motion to have the referee changed to a judge, given that I didn't understand her last hearing when she asked if I was OK with her deciding the outcome of these proceedings? (I thought she was referring to my family offense petition)

Isn't it odd for a referee to ask this one year into the case?

Good afternoon Gabriel,

Quite honestly, I am surprised that she would ask such a question as well. As a general rule, if a litigant does not object to a referee at the outset, as soon as they know that a referee has been appointed to a case, then they cannot later seek to have that referee dismissed.

The best that I can suggest is that you look in the law library and see if you can find such a motion. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation. While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

As far as my litigation experience is concerned though, it is too late for you to object to the referee, formally. However, as she did ask the question---I would suggest that you first contact her and explain that you misunderstood, and that you do object to making the final determination in these proceedings, and see if she will voluntarily recuse herself.


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Thank you once again for your positive rating of my service, Gabriel. It is always my pleasure to assist you.


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