Common use of Statement of Decision Clause in Contracts

Statement of Decision. The provisions of this paragraph 9 only apply to the judicial reference proceeding and not to the arbitration proceedings. The referee shall cause a complete record of all proceedings to be prepared similar to those kept in the Superior Court; shall try all issues of both fact and law; and shall issue a written statement of decision, such as that described in Code of Civil Procedure Section 643 (or its successor), which shall specify the facts and law relied upon in reaching his/her decision within twenty (20) days after the close of testimony. A stenographic record of the hearing may be made which shall remain confidential except as may be necessary for post-hearing motions and appeals. The cost of the record shall be borne by all parties to the reference proceeding on a pro-rata basis. Should any party refuse or fail to pay its pro-rata share, the remaining parties may pay such share, and the party or parties which pay such extra share shall be awarded such extra cost by the referee in its decision. In the case of a judicial reference only, the decision of the referee shall be subject to appeal in the same manner as if the dispute had been tried by the Court.