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Yes! You can use AI to fill out Form ADR-109, Stipulation or Motion for Order Appointing Referee

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Form ADR-109, Stipulation or Motion for Order Appointing Referee, page 1
Moderate · 58/100Form Complexity Index

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What this form asks for

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Form ADR-109, Stipulation or Motion for Order Appointing Referee, is a legal document filed in the Superior Court of California to request the appointment of a referee. Parties use this form to either jointly agree (stipulate) or individually ask the court (motion) to assign a neutral third party to hear and decide on specific matters within a lawsuit, such as discovery disputes or the examination of a complex account, under Code of Civil Procedure sections 638 or 639. 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 fields68
Pages2
Sections19
Tables and lists1
Questions that depend on earlier answers21
Form Complexity IndexModerate, 58/100

The AI checks your answers before you download

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

Exclusive Filing Type Selection

Ensures that only one of the filing type checkboxes, 'Stipulation' or 'Motion', is selected. A request for an order can be made either by agreement of the parties (stipulation) or by a formal request to the court (motion), but not both. If both or neither are selected, the form submission should be rejected to prevent ambiguity in the filing's legal basis.

Exclusive Grounds for Appointment Selection

Validates that the user has selected grounds for appointment under either 'Section 638' or 'Section 639' (CheckBox2100), but not both. These sections of the Code of Civil Procedure represent distinct legal bases for appointing a referee. Selecting both would create a logical conflict, so the form must enforce a single choice to ensure clarity for the court.

Conditional Requirement for Discovery Justification

Checks that if the 'Discovery reference' box is checked under Section 639, the 'Exceptional Circumstances for Discovery Reference' text field must be filled out. The law requires a showing of exceptional circumstances for this type of reference. Failure to provide this justification would result in an incomplete and likely denied request.

Conditional Requirement for State Bar Number

Verifies that if the 'Proposed Referee is State Bar Member' checkbox is selected, the 'State Bar Number' field is populated with a value. This is a critical data point for verifying the proposed referee's credentials and active status with the State Bar. An empty field would prevent the court from confirming the referee's qualifications.

Case Number Presence and Format

Ensures the 'Case Number' field is not empty and follows the expected format for the specified court jurisdiction. The case number is the primary identifier for the legal proceeding and is essential for correctly associating the document with the case file. An invalid or missing case number will cause the filing to be rejected.

Exclusive Referee Compensation Selection

Validates that only one of the two compensation options, 'Referee Not Privately Compensated' or 'Referee Privately Compensated', is selected. The source of the referee's payment is a fundamental detail of the appointment that must be clearly established. The form should prevent submission if both or neither option is chosen.

And 8 more checks
  • Conditional Requirement for Fee Agreement Details
  • Conditional Requirement for Use of Facilities Justification
  • Signature Date Validity
  • Completeness of Core Party Information
  • Logical Consistency Between Grounds and Subject Matter (Section 638)
  • Conditional Requirement for Described Issues (Section 638)
  • Completeness of Court Information
  • Telephone Number Format Validation

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How to Fill Out ADR-109 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload your Form ADR-109, or select it from their library of official documents.
  2. Use the AI assistant to accurately fill in the attorney, party, court, and case number information at the top of the form.
  3. Indicate whether the request is a stipulation or a motion, and specify the legal grounds for the appointment under Code of Civil Procedure section 638 or 639, providing any required explanations.
  4. Enter the proposed referee's information and clearly define the specific issues or subject matter that the referee will be tasked to handle.
  5. Detail the arrangement for the referee's compensation, including whether the parties have agreed on how fees will be paid.
  6. Provide information on the use of court facilities and the hearing location contact details.
  7. Review all entered information for accuracy, then have the applicant(s) or their attorney(s) sign and date the form before downloading it for filing.

Common Mistakes in Completing ADR-109

The ones the AI is built to catch.

Incorrect or Incomplete Court Information
Filers often enter a generic county court address instead of the specific street address and branch name where the case is being heard. This can happen due to unfamiliarity with the court system or simple oversight. An incorrect court address can lead to the document being misfiled or rejected, causing significant delays in the legal process. To avoid this, always verify the exact branch name and address from the court's official website before filling out the form.
Omitting the Attorney's State Bar Number
Attorneys or their staff frequently forget to include the attorney's State Bar number in the 'Attorney/Party Information' section. This number is a crucial identifier for the court to verify the attorney's standing and eligibility to practice. Leaving it out can result in the clerk rejecting the filing until the information is corrected, delaying the motion or stipulation. Ensure the State Bar number is clearly entered along with the attorney's name and address.
Ambiguous Grounds for Appointment under Section 639
A common error is checking the 'Other reference' box under Section 639 without selecting one of the specific statutory grounds listed below it (e.g., 'Trial of issue of fact - long account'). This leaves the legal basis for the request unclear and is a reason for the court to deny the motion. To avoid this, if you select 'Other reference,' you must also check at least one of the corresponding sub-options that applies to your case.
Insufficient Justification for a Discovery Referee
When requesting a referee for discovery purposes under Section 639, filers often provide a weak or generic explanation—or no explanation at all—in the 'Exceptional Circumstances' field. The court requires a detailed, case-specific justification to grant such a request. Failure to provide a compelling reason will almost certainly lead to the denial of the motion. Clearly articulate why the complexity or contentiousness of discovery in this specific case necessitates a referee.
Failing to Specify the Scope of the Reference
People frequently check the box for 'Following Issues (Section 638)' but then fail to describe those issues in the 'Section 638 Described Issues' text box or an attachment. This ambiguity makes the order unenforceable, as the referee's jurisdiction is not clearly defined. If you are not referring all issues, you must explicitly and clearly list every issue the referee is being appointed to handle. If the form is a non-fillable PDF, a tool like Instafill.ai can convert it to a fillable version, making it easier to add these details.
Incomplete Referee Compensation Details
When indicating that the referee will be 'Privately Compensated', filers often neglect to complete the subsequent required fields. For example, they may not specify whether the 'Parties Agreed on Fees' or not, and if they have, fail to describe the terms of the agreement. This missing information prevents the court from issuing a complete order on compensation, leading to future disputes. AI-powered form fillers like Instafill.ai can enforce these conditional rules, prompting the user to provide details on the payment agreement.
Missing Proposed Referee's State Bar Number
If the proposed referee is an attorney or former judicial officer, the form requires their State Bar number. Filers often check the box indicating the referee is a 'State Bar Member' but then forget to enter the corresponding number. This is a critical piece of verification data for the court that can cause delays if omitted. To prevent this, double-check all conditional fields; tools like Instafill.ai can automatically prompt for the State Bar number when the relevant box is checked.
Inconsistent Case Number or Party Names
Data entry errors, such as transposing digits in the 'Case Number' or misspelling party names, are very common and can lead to filing rejections. The document might not be correctly associated with the case file, causing it to be lost or ignored. Carefully proofread this information against official court documents. AI tools like Instafill.ai can store and reuse case information across multiple forms, drastically reducing the risk of such data entry errors.
Unjustified Request for Court Facilities
Parties sometimes check the box to 'Requests use of facilities/personnel' for a privately compensated referee without providing the required justification. The rules of court require a compelling explanation of why using public resources 'would further the interests of justice.' Simply wanting a convenient location is not a sufficient reason, and failure to provide a strong justification will result in this part of the request being denied.
Forgetting Signatures for All Applicants
When a request is made jointly by multiple parties, such as in a stipulation, the form requires the printed name and signature of each applicant or their attorney. It is a frequent mistake to only have one party sign the document. This invalidates the joint nature of the request and can lead to its rejection. Before filing, confirm that all co-applicants or their counsel are listed and have signed the form.

Frequently Asked Questions About ADR-109

 

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How does the AI fill out ADR-109?
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-109, 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-109 to fill out?
ADR-109 has a Form Complexity Index of 58 out of 100, in the moderate tier: 68 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 used to request that the Superior Court of California appoint a referee, who is a neutral third party assigned to handle specific parts of a legal case, such as discovery disputes or complex factual determinations.
Who needs to fill out this form?
This form should be completed by a party in a lawsuit, or their attorney, who is requesting the appointment of a referee. The request can be made either by agreement with the other parties (stipulation) or by a formal request to the court (motion).
What is the difference between a reference under Section 638 and Section 639?
A Section 638 reference is based on an agreement between all parties, either in a prior contract or by stipulation in the current case. A Section 639 reference is ordered by the court, often without full agreement, for specific reasons like resolving discovery disputes or examining a long financial account.
What information do I need to provide about the proposed referee?
You must provide the proposed referee's full name, business address, and telephone number. If the referee is an active or inactive member of the State Bar, you must also provide their State Bar number.
What should I write for 'Exceptional Circumstances for Discovery Reference'?
In this section, you must provide a detailed explanation of why your case is unusual and requires a referee for discovery. This could include an extremely high volume of disputes, complex technical issues, or a history of non-cooperation that is delaying the case.
How do I handle the section on the referee's payment?
In the 'Referee's Compensation' section, you must indicate if the referee will be privately paid by the parties. If so, you must state whether the parties have agreed on how to split the fees and provide details of that agreement.
What do I do if the parties have not agreed on how to pay the referee's fees?
If the referee will be privately compensated but you have not reached an agreement on payment, check the box indicating this. This action formally requests the court to step in and make a decision on how the fees should be allocated among the parties.
Can I request to use the courthouse for the referee's hearings?
Yes, you can request the use of court facilities and personnel by checking the appropriate box. You must then provide a written justification explaining why this use is necessary and would further the interest of justice.
What does it mean to file by 'Stipulation' versus 'Motion'?
Filing by 'Stipulation' means all parties in the case agree to the request to appoint a referee. Filing by 'Motion' means you are formally asking the court to grant the request, and other parties may or may not agree and have the right to file an opposition.
How do I submit this form after completing it?
Once the form is completed and signed, it must be filed with the clerk of the Superior Court where your case is being heard. Be sure to follow the court's specific rules for filing documents, which may include electronic filing or in-person submission.
Can AI tools help me fill out this form?
Yes, services like Instafill.ai use AI to auto-fill form fields accurately and save time. This can help you complete the form more efficiently and reduce the chance of errors.
How can I use Instafill.ai to complete this form online?
Simply upload the form to the Instafill.ai platform. The AI will identify the fields, allowing you to provide your information once and have it automatically and accurately populated throughout the document.
The PDF version of this form I found is not fillable. What can I do?
You can use a service like Instafill.ai, which is designed to convert flat, non-fillable PDFs into interactive, fillable forms. This allows you to easily type your information directly into the fields online without needing to print and write by hand.
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