Legal Question in Technology Law in California

Re: Stipulation and Order for Appointment of Judge Pro Tem.

A "stipulation" is an agreement, usually among the lawyers in a case, and usually made between them to simplify procedural matters as to issues on which there is little or no disagreement among the parties. Stipulations are enforceable as contracts and contract law pretty much governs their making and interpretation. An example might be a stipulation that a hearing on someone's motion can be heard on less than the usual advance notice required by law, or that no one will schedule a deposition on Fridays.

"Order" in this case probably means a proposed order that is being submitted to the court for a judge's signature, and will be submitted along with a stipulation showing that all the attorneys agree to, and none opposes, the making of the order.

A "judge pro tem" is a person who is delegated certain powers and authority of a judge for a particular purpose or case ("pro tem" is short for pro tempore, legal Latin for "for the time"), but who is not a regular judge.

What may be going on here is that the attorneys in a case have agreed to ask the court to appoint a non-judge to handle certain judicial matters in order to speed up some aspect of handling a case. Often, the idea or concept of appointing a judge pro tem comes from the court, because the court is short of real full-time judges, and appointing a non-judge to handle routine chores like handling a mediation can be done just as well, if everyone agrees, by farming the work out to an experienced non-judge lawyer who has no other connection to the parties or the case (and hence no conflicts).

Re: Stipulation and Order for Appointment of Judge Pro Tem.

It means the hearing officer assigned to your case is not a Judge but a Commissioner or Referee.

Commissioners and Referees, just like judges, are lawyers who were appointed to the bench, the difference is the process by which they are appointed is slightly different. Judges are either elected or appointed by the Governor, commissioners and referees are appointed by other judges.

To have your case heard by the commissioner or referee assigned to your courtroom, sign the stipulation. Research this hearing officer, if you can, prior to your first court date. Unless you have heard bad things about this hearing officer, you will probably want to sign the stipulation. At that point the commissioner or referee is called the Judge Pro Tem for your case.

This is one reason why prudent people retain lawyers to represent them, we usually know who the good judges/commissioners/referees are for your type of case -- and who should be avoided like the plague.