California, United States of America
The following excerpt is from Clark v. Rancho Santa Fe Assn., 216 Cal.App.3d 606, 265 Cal.Rptr. 41 (Cal. App. 1989):
We further note that under section 656, a new trial is defined as a proceeding held to reexamine the facts in the same court which held the original trial, which expressly includes the court of a referee. If the referee holds the power to conduct a new trial, he or she accordingly has the power to entertain and decide a motion for new trial, if the terms of the stipulation or order for general reference are not to the contrary. Daverkosen v. Kelley, supra, 43 Cal. 477, is thus distinguishable in this respect.
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