§ 2017.740 Contracts with service providers; appointment or agreement between parties; removal

§ 2017.740. Contracts with service providers; appointment or agreement between parties; removal

    (a) If a service provider is to be used and compensated by the parties in discovery under this chapter, the court shall appoint the person or organization agreed on by the parties and approve the contract agreed on by the parties and the service provider. If the parties do not agree on selection of a service provider, each party shall submit to the court up to three nominees for appointment, together with a contract acceptable to the nominee. The court shall appoint a service provider from among the nominees. The court may condition this appointment on the acceptance of modifications in the terms of the contract. If no nominations are received from any of the parties, the court shall appoint one or more service providers.

    (b) Pursuant to a noticed motion at any time and on a showing of good cause, the court may order the removal of the service provider or vacate any agreement between the parties and the service provider, or both, effective as of the date of the order. The continued service of the service provider shall be subject to review periodically, as agreed by the parties and the service provider, or annually if they do not agree. Any disputes involving the contract or the duties, rights, and obligations of the parties or the service provider may be determined on a noticed motion in the action.