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Yes! You can use AI to fill out Form ADR-108, Referee's Report (Code Civ. Proc., §§ 638, 639)

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Form ADR-108, Referee's Report (Code Civ. Proc., §§ 638, 639), page 1
Basic · 43/100Form Complexity Index

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What this form asks for

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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.
Fillable fields39
Pages2
Sections16
Questions that depend on earlier answers6
Form Complexity IndexBasic, 43/100

The AI checks your answers before you download

12 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

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.

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.

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.

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.

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.

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.

And 6 more checks
  • State Bar Number Format Validation
  • Valid Date Format for All Date Fields
  • Referee Telephone Number Format
  • Completeness of Core Case Information
  • Numeric Fields Positivity and Type Check
  • Declaration and Service Date Logic

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How to Fill Out ADR-108 Online for Free in 2026

What the AI walks you through.

  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.

Common Mistakes in Completing ADR-108

The ones the AI is built to catch.

Incorrect or Incomplete Case Number
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.
Confusing Petitioner/Plaintiff with Respondent/Defendant
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.
Selecting the Incorrect Appointment Authority (CCP §638 vs. §639)
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.
Omitting Required Fee and Time Information for CCP §639 Appointments
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.
Entering Inconsistent or Illogical Dates
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.
Providing Incomplete Court Address Information
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.
Mismatch Between Stated and Actual Number of Attached Pages
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.
Forgetting to Complete the Proof of Service Declaration
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.
Omitting the Referee's State Bar Number
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.
Incomplete Addressee Information on Proof of Service
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.

Frequently Asked Questions About ADR-108

 

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This plan is for your ADR-108: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
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How does the AI fill out ADR-108?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of ADR-108, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is ADR-108 to fill out?
ADR-108 has a Form Complexity Index of 43 out of 100, in the basic tier: 39 fillable fields across 2 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of this form?
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.
Who is required to fill out this form?
The court-appointed referee responsible for hearing and deciding on specific issues in a legal case must complete and sign this form.
What is the difference between an appointment under Code of Civil Procedure section 638 and 639?
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).
Why do I only fill out the 'Total Hours Spent' and 'Total Fees Charged' if appointed under CCP 639?
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.
What information should I include in the 'Recommendation on the Merits' section?
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.
What do I do if my fee allocation recommendation is too long for the space provided?
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.
What is the 'Proof of Service' section at the end of the form for?
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.
How do I submit this form?
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.
What information do I need to have ready before I start filling out the form?
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.
Can AI tools help me fill out this Referee's Report?
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.
How can I use Instafill.ai to complete this form online?
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.
The PDF version of this form I have is not fillable. What can I do?
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.
What is the difference between 'Deposited with USPS' and 'Placed for Collection' in the Proof of Service?
'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.
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