Yes! You can use AI to fill out Form ADR-108, Referee's Report (Code Civ. Proc., §§ 638, 639)
Form ADR-108 is the official Referee's Report for the Superior Court of California, utilized by a referee appointed under Code of Civil Procedure sections 638 or 639. This document formally communicates the referee's findings on disputed issues, time spent, fees charged, and recommendations on the merits of the case for the court's consideration. The report is a critical component in resolving specific matters referred by the court, providing a structured summary of the referee's work. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
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Form specifications
| Form name: | Form ADR-108, Referee's Report (Code Civ. Proc., §§ 638, 639) |
| Number of fields: | 39 |
| Number of pages: | 2 |
| Language: | English |
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Follow these steps to fill out your ADR-108 form online using Instafill.ai:
- 1 Navigate to Instafill.ai and upload your Form ADR-108, or select it from their library of official documents.
- 2 Provide the case details, including the court information, case number, and the names of the petitioner/plaintiff and respondent/defendant.
- 3 Enter your information as the referee, including your name and contact details, and specify the date and authority (CCP § 638 or § 639) of your appointment.
- 4 If appointed under CCP § 639, report the total hours spent and fees charged. Provide your recommendations on the merits of the disputed issues, attaching additional pages if necessary.
- 5 Complete the Proof of Service by First-Class Mail section, detailing how and when the report was served to all parties involved.
- 6 Carefully review all the entered information for accuracy. The AI will highlight any missing fields. Once complete, date and sign the report and the declaration of service.
- 7 Download the completed, signed Form ADR-108 and file it with the appropriate court and serve it to all parties as required.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
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Frequently Asked Questions About Form ADR-108
This form is the Referee's Report, used by a court-appointed referee in California to submit their findings, recommendations, and fee details to the court and all involved parties.
The court-appointed referee responsible for hearing and deciding on specific issues in a legal case must complete and sign this form.
An appointment under section 638 is by agreement of the parties (consensual), while an appointment under section 639 is ordered by the court without the parties' consent (compulsory).
For compulsory appointments under CCP 639, the court must approve the referee's fees, so this information is required for the court's review and allocation order.
In this section, you should state your findings and recommendations on the disputed issues you were assigned to resolve. If your recommendation is lengthy, you can write 'See Attachment 4' and attach the full text on a separate page.
You can summarize the recommendation if possible, or simply write 'See Attachment 3c' in the box and provide the full details on a separate, attached page.
The Proof of Service is a required declaration where you certify under penalty of perjury that you have sent a copy of the completed report to all parties in the case. It proves that everyone has been properly notified.
You must file the original, signed report with the court clerk at the address listed on the form and serve a copy on each party or their attorney as detailed in the Proof of Service.
You will need the case number, court details, party names, your appointment order date, and details of your findings. If appointed under CCP 639, you will also need a record of your hours and total fees.
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields with your saved information, which can save significant time and help prevent errors.
Simply upload the form to the Instafill.ai platform. The AI will make the document interactive, and you can click through the fields to fill them out, using saved data to complete it faster.
You can use a service like Instafill.ai, which can convert flat, non-fillable PDFs into interactive forms that you can easily complete and sign online.
'Deposited with USPS' means you personally put the envelope in a mailbox, while 'Placed for Collection' is used by businesses that have a regular mail pickup service as part of their ordinary operations.
Compliance ADR-108
Validation Checks by Instafill.ai
1
Case Information Consistency Check
This validation ensures that the 'Case Number', 'Petitioner/Plaintiff Name', and 'Respondent/Defendant Name' fields are identical in all sections where they appear (e.g., 'Party Information' and 'Case Information'). Inconsistent data can lead to filing errors and legal complications, as it creates ambiguity about the case being referenced. If the values do not match, the user must be prompted to correct the discrepancy before submission.
2
Mutually Exclusive Appointment Type Selection
This check verifies that only one of the appointment type checkboxes ('Code of Civil Procedure section 638' or 'Code of Civil Procedure section 639') is selected. Appointing a referee under both sections simultaneously is legally incoherent and would invalidate the report's basis. The form should enforce a choice of one or the other, preventing submission if both or neither are selected.
3
Conditional Requirement for Referee's Fees and Hours
This validation enforces the rule that 'Total Hours Spent', 'Total Fees Charged', and 'Fee Allocation Recommendation' must be filled out if and only if the appointment was made under 'Code of Civil Procedure section 639'. This is critical because fee reporting requirements are specific to section 639 appointments. Failure to provide this information when required, or providing it when not required, can lead to report rejection or requests for clarification from the court.
4
Chronological Date Sequence Validation
This check ensures that the dates on the form follow a logical chronological order: 'Order Date' must be on or before the 'Submission Date', which must be on or before the 'Report Date'. An illogical date sequence undermines the credibility of the report and suggests a data entry error. The system should flag any chronological inconsistencies to the user for correction.
5
Conditional Requirement for Service Details
This validation ensures that if either 'Deposited with USPS' or 'Placed for Collection' is checked, then the 'Date of Deposit', 'Place of Deposit', and 'Addressee Information' fields must be completed. These details are essential for a valid proof of service by mail. If the service method is indicated but the corresponding details are missing, the proof of service is incomplete and legally insufficient.
6
Referee Name Consistency
This check verifies that the referee's name entered in the 'Referee Information' section matches the name provided in the 'Referee Name (Signature Block)'. This consistency is crucial for authenticating the report and ensuring the person preparing it is the same person signing it. A mismatch could call the entire document's validity into question, so the user must correct it before proceeding.
7
State Bar Number Format Validation
This validation checks that if a 'State Bar number' is provided, it conforms to the expected format (typically a sequence of digits). While the field is optional, an incorrectly formatted entry is useless and suggests a typo. Validating the format ensures that if the data is present, it is structurally correct and can be used for verification purposes.
8
Valid Date Format for All Date Fields
This check ensures that all date fields ('Order Date', 'Submission Date', 'Report Date', 'Date of Deposit', 'Declaration Date') contain valid, parseable dates in the expected format (e.g., MM/DD/YYYY). Ambiguous or invalid date entries can cause processing errors and misinterpretation of key events. The system must reject any non-date values to maintain data integrity.
9
Referee Telephone Number Format
This validation verifies that the 'Referee Telephone Number' is entered in a recognizable phone number format (e.g., (XXX) XXX-XXXX or XXXXXXXXXX). A valid phone number is essential for the court or parties to contact the referee if needed. An invalid format prevents communication and indicates a data entry error that should be corrected.
10
Completeness of Core Case Information
This check ensures that the primary case identifiers—'Case Number', 'Petitioner/Plaintiff Name', and 'Respondent/Defendant Name'—are not left blank. These fields are fundamental to identifying the legal matter to which the report pertains. A submission without this information would be un-fileable and useless, so these fields must be mandatory.
11
Numeric Fields Positivity and Type Check
This validation ensures that the 'Total Hours Spent' and 'Number of Pages Attached' fields contain only non-negative numeric values. Entering text or negative numbers in these fields is illogical and would cause calculation or processing errors. This check maintains the integrity of quantitative data on the form.
12
Declaration and Service Date Logic
This check verifies that the 'Date of Deposit' for service is on or after the 'Declaration Date'. A person cannot legally declare that they mailed a document on a date before the declaration was even signed. This logical check is crucial for the validity of the proof of service, and any violation must be flagged as an error.
Common Mistakes in Completing ADR-108
Users often enter the case number with typos, incorrect formatting, or missing characters, which can lead to the document being rejected or misfiled by the court clerk. This simple data entry error can cause significant delays in legal proceedings. To avoid this, meticulously double-check the number against official court documents. AI-powered tools like Instafill.ai can help by validating the format and auto-populating the number across all relevant fields on the form.
It is common for filers to inadvertently swap the names of the parties, listing the petitioner in the respondent's field and vice-versa. This error creates confusion in the court record and can lead to the filing being rejected, requiring correction and resubmission. Always verify the roles of each party from the original complaint or petition before entering their names. Using a form-filling tool can help maintain consistency once the parties are correctly identified.
A critical mistake is checking the wrong box for the Code of Civil Procedure section that authorizes the referee's appointment, which has significant downstream effects. This choice dictates whether fee and time information is required, and an error can lead to an incomplete filing or the provision of unnecessary data. Carefully review the original court order of appointment to confirm if it was consensual (§638) or mandatory (§639) before making a selection.
The form has conditional fields for 'Total Hours Spent' and 'Total Fees Charged' that are only required if the appointment was under CCP §639. Filers often check the §639 box but then forget to complete these mandatory financial details. This renders the report incomplete and will almost certainly result in its rejection by the court. Smart form-filling tools like Instafill.ai can prevent this by automatically enforcing conditional logic and flagging these fields as required when §639 is selected.
Filers frequently enter dates that are logically inconsistent, such as a 'Declaration Date' on the proof of service that is earlier than the 'Date of Deposit' for mailing. Such errors can invalidate the proof of service and cast doubt on the document's timeline, leading to legal challenges. Always review all dates for logical sequence before signing. AI-powered form fillers can automatically run validation checks to catch these inconsistencies before submission.
Users often enter the county but neglect to provide the specific 'Branch Name' and full street address of the correct courthouse. Since Superior Courts have multiple branches, filing at the wrong location causes significant delays as the document must be rerouted, potentially causing missed deadlines. If the form is a non-fillable PDF, tools like Instafill.ai can convert it to a fillable version and help auto-populate correct court addresses from a database to ensure accuracy.
A filer may enter a 'Number of Pages Attached' but then physically include a different number of pages, often after last-minute changes. This discrepancy can cause the court clerk to question the filing's completeness, leading to processing delays or rejection. Before filing, manually count all attachments and ensure the final number is accurately entered on the form.
After focusing on the main report, it's easy to overlook the attached 'Proof of Service' section, but this is a critical omission. Without a properly executed declaration, there is no legal proof that other parties were served, making the filing defective and potentially void. Always treat the Proof of Service as a mandatory part of the filing process and fill it out completely and accurately.
When the referee is an attorney, their State Bar number is required to verify their credentials, but it is often forgotten. Leaving this field blank can slow down the processing of the report, as the court clerk may need to look up the information or issue a notice of deficiency. To avoid delays, the referee's State Bar number should be entered accurately in its designated field.
The Proof of Service requires the full name and address for each party being served, but filers sometimes provide incomplete or outdated information. An incorrect address can invalidate the service, meaning the party was not legally notified, which can derail the entire proceeding. It is crucial to verify the current and complete service address for every party listed on the case before completing this section.
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