Rule 5.538. Conduct of proceedings held before a referee not acting as a temporary judge
Cal. Rules of Court, rule 5.538
Current text effective January 1, 2019.
#(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, 248.5)
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 furnish and serve the findings and order and provide an explanation of the right to review the order in accordance with sections 248 and 248.5.
(Subd (b) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2016.)
#History
Rule 5.538 amended effective January 1, 2019; adopted as rule 1416 effective January 1, 1990; previously amended and renumbered as rule 5.538 effective January 1, 2007; previously amended effective January 1, 2016.
What this rule requires
Service and Proof of Service Rules
In each case, the referee must furnish and serve the findings and order and provide an explanation of the right to review the order in accordance with sections 248 and 248.5.
Document Filing Requirements
After each hearing before a referee, the referee must make findings and enter an order as provided elsewhere in these rules.
Official text: courts.ca.gov , checked October 19, 2026.