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Clerk Handbooks

Supreme Court Rules




Section/Rule:

68.01

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 Circuit Courts

Revised / Effective Date:

January 1, 2008


68.01 Masters in Circuit Courts

(a) Appointment and Compensation. Each circuit court in which any action is pending may appoint a master therein. The compensation to be allowed 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 or control of the court, as the court may direct.

(b) Reference. A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.

(c) 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.

(d) 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.

(e) 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.

(f) Proceedings.

(g) Report.
(h) Masters for Depositions. The court, upon motion, may appoint a master to preside at the taking of a deposition. The master shall be a member of The Missouri Bar. The master, in addition to the authority conferred on officers to take depositions, shall have the authority to determine all objections to evidence and to exclude evidence that is not within the scope of discovery as defined in Rule 56.01(b). Upon request of a party, the master shall report a ruling or rulings on evidence to the court either during or after the completion of the taking of a deposition. Within 30 days after being served with a copy of the master's report, any party may file written objections thereto and serve them on the other parties. If objections are filed, the court shall issue an order sustaining or overruling the objections. (Adopted Feb. 1, 1972, eff. Sept. 1, 1972. Amended June 1, 1993, eff. Jan. 1, 1994; Sept. 28, 1993, eff. Jan. 1, 1994; June 26, 2007, eff. Jan. 1, 2008; Dec. 18, 2007, eff. July 1, 2008)