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2014 California Rules of Court

Rule 5.538. Conduct of proceedings held before a referee not acting as a temporary judge

(a) General conduct (§§ 248, 347, 677)

Proceedings heard by a referee not acting as a temporary judge must be conducted in the same manner as proceedings heard by a judge, except:

(1)An official court reporter or other authorized reporting procedure must record the proceedings if directed by the court; and

(2)The referee must inform the child and parent or guardian of the right to seek review by a juvenile court judge.

(Subd (a) amended effective January 1, 2007.)

(b) Furnishing and serving findings and order; explanation of right to review (§ 248)

After each hearing before a referee, the referee must make findings and enter an order as provided elsewhere in these rules. In each case the referee must cause all of the following to be done promptly:

(1)Furnish a copy of the findings and order to the presiding judge of the juvenile court.

(2)Furnish to the child (if the child is 14 or more years of age or, if younger, as requested) a copy of the findings and order, with a written explanation of the right to seek review of the order by a juvenile court judge.

(3)Serve the parent and guardian, and counsel for the child, parent, and guardian, a copy of the findings and order, with a written explanation of the right to seek review of the order by a juvenile court judge. Service must be by mail to the last known address and is deemed complete at the time of mailing.

(Subd (b) amended effective January 1, 2007.)

Rule 5.538 amended and renumbered effective January 1, 2007; adopted as rule 1416 effective January 1, 1990.

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