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Form ADR-110, Order Appointing Referee, page 1
Complex · 63/100Form Complexity Index

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What this form asks for

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Form ADR-110, Order Appointing Referee, is a legal document used by the Superior Court of California to officially appoint a neutral third party, known as a referee, to handle specific aspects of a case. This appointment can be made by agreement of the parties (under Code of Civil Procedure § 638) or by court order for matters like discovery disputes (under § 639), delegating tasks to expedite legal proceedings. 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 fields95
Pages3
Sections30
Questions that depend on earlier answers62
Form Complexity IndexComplex, 63/100

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.

Ensures Mutual Exclusivity of Appointment Sections

This check verifies that only one of 'Section 638 Appointment' or 'Section 639 appointment' is selected. These sections represent different legal grounds for appointing a referee and are mutually exclusive. If both are selected, the form submission should be rejected to prevent legal ambiguity in the court order.

Validates Case Number Consistency Across Form

This validation ensures that the 'Case Number' entered in the header, the main body, and the footer sections are identical. The case number is the primary identifier for the legal proceeding, and any inconsistency could lead to filing errors or misapplication of the order. A mismatch will trigger an error requiring the user to correct the entries to match.

Validates Party Name Consistency Across Form

This check confirms that the 'Petitioner/Plaintiff Name' and 'Respondent/Defendant Name' are consistent wherever they appear on the form. Consistent naming is crucial for the legal validity and clarity of the document. If the names do not match across all instances, the user will be prompted to correct the discrepancy before submission.

Requires Referee Details if Appointed

This validation ensures that if either 'Section 638 appointment' or 'Section 639 appointment' is checked, the referee's contact information ('Referee Name', 'Referee Business Address', 'Referee Telephone Number') must be provided. Appointing a referee without identifying them makes the order unenforceable. Failure to provide these details will block submission.

Enforces Conditional Requirement for Discovery Circumstances

This check verifies 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 specific justification for a discovery reference, so this field cannot be left blank. An empty field will result in a validation error, prompting the user to provide the necessary explanation.

Validates Telephone Number Formatting

This check ensures that all telephone number fields ('Telephone Number', 'Fax Number', 'Referee Telephone Number', 'Contact Telephone Number') adhere to a standard format, such as (XXX) XXX-XXXX or XXXXXXXXXX. Proper formatting is essential for data integrity and ensures the contact information is usable. An invalid format will trigger an error message.

And 8 more checks
  • Requires Details for Economic Inability Payment Arrangement
  • Validates State Bar Number and Status Logic
  • Enforces 'Other' Field Specification
  • Requires Maximum Rate and Hours for Section 639 Referee
  • Ensures Completeness of Court Information
  • Validates Private Facility Information Requirement
  • Requires Sub-Selection for Section 639 'Other reference'
  • Validates Certification Date Format

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How to Fill Out ADR-110 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the Form ADR-110, Order Appointing Referee.
  2. Provide the basic case information, including the court details, case number, and the names of the petitioner/plaintiff and respondent/defendant.
  3. Specify the legal basis for the appointment by selecting either a Section 638 (by agreement) or Section 639 (by court motion) appointment and completing the relevant sub-sections.
  4. Enter the appointed referee's contact information, including their name, address, and State Bar details if applicable.
  5. Detail the referee's compensation, including the maximum hourly rate, how fees will be apportioned between the parties, and any findings on economic inability to pay.
  6. Define the scope and logistics of the reference, such as the subject matter, reporting requirements, and whether court facilities will be used.
  7. Review the completed form generated by the AI for accuracy, then download, print, and file the official order with the court.

Common Mistakes in Completing ADR-110

The ones the AI is built to catch.

Confusing Section 638 and 639 Appointments
Users often misunderstand the distinction between a Section 638 appointment (by agreement of the parties) and a Section 639 appointment (ordered by the court without full agreement). Selecting the wrong one, or both, makes the legal basis for the order invalid. This fundamental error will cause the form to be rejected by the court, requiring correction and refiling. To avoid this, carefully determine the statutory basis for the appointment before filling out the form.
Failing to Complete Dependent Checkboxes and Fields
This form contains extensive conditional logic where checking one box requires filling out subsequent fields or checkboxes. For example, a user might check 'Section 639 appointment' but fail to select a reason like 'Discovery reference' or 'Other reference'. This leaves the order incomplete and ambiguous, leading to rejection or clarification requests. Always review the form to ensure all required sub-sections for your selections are fully completed.
Omitting Critical Case and Attorney Identifiers
In the top section, people frequently enter an incomplete Case Number or forget to include the attorney's State Bar number. These identifiers are essential for the court clerk to file the document correctly. An incorrect or missing case number can cause the document to be misfiled or rejected outright, delaying the legal process. Double-check that these numbers are entered completely and accurately.
Using Inconsistent Party Names
The form asks for Petitioner/Plaintiff and Respondent/Defendant names in multiple locations. Users sometimes use abbreviations, misspell names, or enter them differently in separate sections. This creates legal ambiguity regarding who the order applies to and can be grounds for rejection. To prevent this, use the full, official legal names as they appear on the initial court filings consistently throughout the entire document.
Providing Insufficient Justification for a Reference
When a discovery reference is requested under Section 639, the form requires a description of the 'Exceptional Circumstances'. Filers often provide a vague or conclusory statement instead of a detailed, case-specific explanation. An insufficient justification can lead a judge to deny the request for a referee. Be sure to clearly articulate the specific facts and complexities of the case that make a referee necessary.
Incomplete 'Economic Inability' Section
When indicating that one party is unable to pay their share of referee fees and another party has agreed to cover it, users often check the box but forget to enter the names of the respective parties. This makes the payment portion of the order unenforceable as it doesn't specify who is excused and who is paying. If you check box 'One or more parties unable to pay, another pays', you must fill in the 'Party with Economic Inability' and 'Voluntary Paying Party' fields.
Missing Referee Compensation Details for Section 639
For a court-ordered Section 639 appointment, the form requires specifying the 'Maximum hourly rate' the referee may charge and how fees will be apportioned. These fields are frequently left blank, making the order incomplete. This omission can lead to future disputes over fees and requires an amended order, causing delays. Ensure all compensation terms ordered by the court are explicitly stated on the form.
Incomplete Referee State Bar Information
If the appointed referee is a member of the State Bar, users may check the box but then neglect to enter the referee's State Bar number and select their membership status (Active, Inactive, etc.). This fails to properly document the referee's qualifications on the record, which can cause the clerk to question the filing. Always have the referee's professional information on hand and complete all related fields to ensure proper verification.
Omitting Public Access Information for Private Facilities
If the proceedings will occur in a 'private facility', the form requires the name, address, and telephone number of a contact person to arrange public attendance. This information is crucial for legal compliance but is often overlooked. Failure to provide it violates public access rules and could be grounds to challenge the validity of the proceedings. If this box is checked, ensure all contact details for the private location are provided.
Making Contradictory Selections for Fee Apportionment
The section on fee apportionment contains several mutually exclusive options. A common mistake is to check 'All parties pay equal shares' while also checking a box to excuse a specific party from paying, creating a direct contradiction. Such errors make the order illogical and will result in its rejection. To avoid this, carefully read all options in the section and select only the single, correct method of apportionment. AI-powered tools like Instafill.ai can help prevent these logical errors by validating selections. If you only have a flat PDF, Instafill.ai can also convert it into an interactive, fillable form.

Frequently Asked Questions About ADR-110

 

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Can I fill other forms too?
This plan is for your ADR-110: 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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From your account, in two clicks, any time. No email, no call.
How does the AI fill out ADR-110?
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-110, 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-110 to fill out?
ADR-110 has a Form Complexity Index of 63 out of 100, in the complex tier: 95 fillable fields across 3 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 the ADR-110 form?
This form is a court order used to officially appoint a referee in a legal case under the California Code of Civil Procedure. It specifies the reason for the appointment, the referee's duties, how they will be paid, and their reporting obligations to the court.
Who is responsible for filling out this form?
This form is an official court order signed by a judge. It is typically prepared by an attorney for one of the parties and submitted to the court for the judge's signature, or it may be prepared by court staff.
What is the difference between a Section 638 and a Section 639 appointment?
A Section 638 appointment is made when all parties agree to have a referee, often based on a pre-existing written contract. A Section 639 appointment is ordered by the court, even without the parties' consent, for specific tasks like resolving discovery disputes or examining a complex financial account.
What information do I need about the referee to complete the form?
You will need the referee's full name, business address, and phone number. If the referee is an attorney, you must also provide their State Bar number and confirm their membership status.
Who pays for the referee's services?
The form outlines how the referee's fees will be paid, which can be based on an agreement between the parties or ordered by the court. The court can order fees to be split equally or apportioned differently among the parties.
What if I cannot afford to pay my share of the referee's fees?
The form includes a section for the court to address a party's economic inability to pay. If the court finds you are unable to pay, it may order another party to cover your share or appoint a referee at no cost to the parties.
How is the referee's pay determined for a court-ordered (Section 639) appointment?
For a Section 639 appointment, the court sets the maximum hourly rate the referee can charge. The court may also specify the maximum number of hours and will issue an order on how the fees are to be divided among the parties.
Why would a referee be appointed for discovery disputes?
A referee may be appointed to handle discovery if the court finds there are 'exceptional circumstances' in the case. This helps manage complex discovery issues, hear motions, and provide recommendations to the judge, saving court time.
What happens if the proceedings are held at a private facility instead of the courthouse?
If the reference is conducted in a private facility, the form requires providing the facility's address and a contact person's name and phone number. This information allows the court clerk to post a public notice on how to attend the proceedings.
What does the referee need to report back to the court?
The referee must submit a written report to the court, usually within 20 days after the hearing is complete. The report includes findings, recommendations on the disputed issues, and a statement of the hours spent and fees charged.
Can I use an AI tool to help me fill out this form?
Yes, services like Instafill.ai use AI to auto-fill form fields accurately and save time. This is particularly useful for entering repetitive information like case details, party names, and attorney information.
How can I fill out this form online if it's a PDF?
You can use a service like Instafill.ai to easily complete this form online. Simply upload the PDF, and the platform will make it an interactive, fillable form that you can type into directly from your browser.
My copy of the form is a non-fillable PDF. What should I do?
If you have a flat, non-fillable PDF, you can use a tool like Instafill.ai to convert it into an interactive form. This allows you to easily type your information into the fields, save, and print the completed document.
What information is required in the 'Attorney or Party Information' section?
This section requires the full name, address, and telephone number of the attorney or the party if they are representing themselves. You must also include the attorney's State Bar number and the name of the party they represent.
Do I have to provide a Fax Number and Email Address?
No, the fields for 'Fax Number' and 'Email Address' in the attorney/party information section are marked as optional. You are not required to fill them in, but it can be helpful for communication.
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