North Dakota Small Claims Judicial Referee — What to Expect

Your hearing notice says your small claims case will be heard by a "judicial referee" instead of a judge. If you have never encountered the term, you are not alone — it is specific to North Dakota's court system and it catches people off guard. Here is what it means for your case.

What a Judicial Referee Is

Under N.D.C.C. § 27-08.1-08, the presiding district court judge in each judicial district has the authority to appoint judicial referees to hear small claims cases. A judicial referee is a person "versed in the law" who is authorized to preside over small claims hearings in place of a sitting district court judge.

This is not a downgrade. The judicial referee presides over the hearing, hears testimony, examines evidence, questions both parties, and issues a final, binding judgment. The referee's decision carries the same legal weight as if a judge had issued it.

Why North Dakota Uses Referees

North Dakota has 53 counties spread across a large geographic area, served by a relatively small number of district court judges. Small claims hearings are scheduled on dedicated calendar days, and in many counties — especially rural ones — the presiding judge delegates small claims to a judicial referee so that the judge's calendar can handle more complex civil and criminal matters.

In high-volume urban courts like Cass County (Fargo) and Burleigh County (Bismarck), you may see either a judge or a referee depending on the calendar. In rural counties, judicial referees often travel between courthouses on a rotating schedule, which is why hearing dates in those counties may be less frequent.

How the Hearing Works With a Referee

The hearing itself follows the same format regardless of whether a judge or referee presides:

1. The referee calls the case and administers the oath to both parties and any witnesses.
2. The plaintiff presents their side — a concise statement of what happened, supported by exhibits and witness testimony.
3. The defendant responds with their version and any counterclaim.
4. The referee may ask questions directly. Under N.D.C.C. § 27-08.1-03, the hearing is informal and the referee can actively guide the proceeding to get to the facts.
5. The referee issues a decision — sometimes announced from the bench, sometimes mailed to both parties.

The rules about evidence are the same: bring three copies of every exhibit, present witnesses live (no written statements from absent witnesses), and label everything clearly.

The Decision Is Final

Whether a judge or a judicial referee hears your case, the result is the same: the Small Claims Court decision cannot be appealed by either party. Under N.D.C.C. § 27-08.1-04, the plaintiff's election to file in Small Claims Court is irrevocable, and no appellate review is available. The only exception is if the defendant removed the case to District Court before the hearing — but at that point, you are no longer in Small Claims Court.

Preparing for the Hearing

The referee's informal style does not mean preparation is optional. You still need organized evidence, clear testimony, and a focused presentation — you get about 10 to 15 minutes to make your case.

The North Dakota Small Claims Filing Guide includes a hearing preparation checklist and an evidence binder index to help you walk into the courtroom ready, whether you are appearing before a judge or a judicial referee.

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