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2023 California Rules of Court

Rule 3.906. Motion to withdraw stipulation

(a) Good cause requirement

A motion to withdraw a stipulation for the appointment of a referee must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation. The following do not constitute good cause for withdrawing a stipulation:

(1)  A declaration that a ruling is based on an error of fact or law.

(2)  The issuance of an order for an appropriate hearing site under rule 3.910.

(b) Service, filing and hearing of motion

Notice of the motion must be served on all parties and the referee and filed with the court. The motion must be heard by the judge to whom the case is assigned or by the presiding judge or law and motion judge. If the motion is granted, the case must be transferred to the trial court docket.

Rule 3.906 adopted effective January 1, 2007.

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