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Clerk Handbooks

Supreme Court Rules




Section/Rule:

68.03

Subject:

Rule 68 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Masters and Receivers

Publication / Adopted Date:

February 1, 1972

Topic:

Masters in Appellate Courts

Revised / Effective Date:

January 1, 1994


68.03. Masters in Appellate Courts

(a) Appointment and Compensation. Each appellate court in which any action is pending may appoint a master therein. The compensation to be allowed to a master shall be charged upon such of the parties, or paid out of any fund or subject matter of the action which is in the custody and control of the court, as the court may direct.

(b) Qualifications of Master. No person shall be appointed a master who is of kin to either party or is interested in the outcome of the action.

(c) Oath of Master. Before proceeding to hear any testimony in the action, a master shall take and subscribe an oath, before some officer duly authorized to administer an oath, faithfully to hear and examine the matters at issue and to make a just, impartial and true report.

(d) Powers. The order of reference to the master may specify or limit the master's powers and may direct the master to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the master's report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before the master and to do all acts and take all measures necessary or proper for the efficient performance of the duties under the order. The master may require the production of evidence upon all matters embraced in the reference. The master may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in Rule 73.01(a) for a court sitting without a jury.

(e) Proceedings.

(f) Report. The master shall prepare a report upon the matters submitted by the order of reference and, if required to make findings of fact and conclusions of law, they shall be set forth in the report. The master shall file the report with the clerk of the court together with a transcript of the proceedings including the evidence and exhibits, if any. The clerk shall forthwith mail to all parties notice of the filing and a copy of the master's report.

(g) Exceptions. Any party may, but is not required to, file exceptions to the report to be ruled upon by the master. The master may amend findings of fact or make new findings of fact and conclusions of law. Exceptions shall not be permitted to any revised report by the master. The exceptions shall be filed not later than thirty days after the filing of the report by the master. If the exceptions are not passed on by the master within thirty days after filing, they are deemed denied for all purposes. The filing of exceptions with the master shall not preclude any party from alleging or asserting any point in the appellate court.

(h) Docketing. After there has been a ruling on exceptions to the report of the master, or if no exceptions are filed after the expiration of thirty days from the time the master's report was filed, the case shall be docketed for hearing in the appellate court.

(Adopted Feb. 1, 1972, eff. Sept. 1, 1972. Amended June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994.)