First Adopted: February 01, 1972
Most Recently Effective: January 01, 2008
Rule 68 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Masters and Receivers
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.
(1) Meetings. When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof, unless the order of reference otherwise provides, the master shall forthwith set a time and place for the first meeting of the parties, or their attorneys, to be held within thirty days after the date of the order of reference and shall notify the parties, or their attorneys. It is the duty of the master to proceed with all reasonable diligence. Any party, on notice to the parties and master, may apply to the court for an order requiring the master to speed the proceedings and to make a report. If a party fails to appear at the time and place appointed, the master may proceed or, in the master's discretion, adjourn the proceedings to a future day, giving notice thereof to the absent party.
(2) Witnesses. The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas issued by the clerk of the appointing court. The failure of any person to comply with the requirements of any subpoena issued as herein provided shall be reported promptly to the court issuing the subpoena. Witnesses shall receive the same fees as would be allowed them as witnesses in a civil case in circuit court. Sheriff and all other officers shall be entitled to the same fees for services performed in references to a master, as would be allowed them in their respective courts for similar services. All costs incurred in a reference shall be taxed in the pending case in circuit court.
(3) Statement of Accounts. When matters of accounting are in issue before the master, the master may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as the master directs.
(4) Depositions. Depositions of witnesses or parties taken in the action may be read in evidence before the master as in cases of trials before the court.
(g) Report.
(1) Contents and Filing. 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 shall set them 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.
(2) Objections. Any party within thirty days after being served with notice of the filing of the master's report may file written objections thereto and serve them upon the other parties.
(3) Action on Report and Use in Jury Trials. If no objections are filed, the court may adopt the report. If objections are filed, or the court proposes action other than adoption of the report, the court, after hearing, may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence or may recommit it with instructions. If issues are to be tried by a jury, the master's findings on the issues submitted to the master may be reported to the jury as having been determined and only fact issues other than those determined by the master shall be submitted to or determined by the jury.
(4) Stipulation as to Findings. If the parties stipulate that a master's findings of fact shall be final and binding upon them, only questions of law arising upon the master's report shall thereafter be considered.
(5) Draft Report. Before filing the report a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
(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 February 1, 1972, effective September 1, 1972. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994; amended June 26, 2007, effective January 1, 2008; amended December 18, 2007, effective July 1, 2008.)
First Adopted: February 01, 1972
Most Recently Effective: January 01, 1994
Rule 68 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Masters and Receivers
68.02 | Receivers in Circuit Courts
(a) Appointment of Receiver. Whenever in a pending legal or equitable proceeding it appears to the court that a receiver is necessary to keep, preserve and protect any business, business interest or property, including money or other thing deposited in court or the subject of a tender, the court, or any judge thereof in vacation, may appoint a receiver whose duty it shall be to keep, preserve and protect, to the extent and in the manner that the court may direct, that which the receiver is ordered to take into the receiver's charge.
(b) Bond of Receiver. Such receiver shall give bond, and have the same powers and be subject to all the provisions, as far as they may be applicable, enjoined upon a receiver appointed by virtue of the law providing for suits by attachment.
(c) Compensation of Receiver. The court shall allow the receiver reasonable compensation for his services to 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.
Committee Note – 1974
The source of paragraph (a) is prior Rule 68.24.
Paragraph (b) is the same as prior Rule 68.25.
The sources of paragraph (C) are Rule 53 (a) of the Federal Rules of Civil Procedure and prior Rule 68.26.
(Adopted February 1, 1972, effective September 1, 1972. Amended September 28, 1993, effective January 1, 1994.)
First Adopted: February 01, 1972
Most Recently Effective: January 01, 1994
Rule 68 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Masters and Receivers
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.
(1) Meetings. When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof, unless the order of reference otherwise provides, the master shall forthwith set a time and place for the first meeting of the parties, or their attorneys, to be held within thirty days after the date of the order of reference and shall notify the parties, or their attorneys. It is the duty of the master to proceed with all reasonable diligence. Any party, on notice to the parties and master, may apply to the court for an order requiring the master to speed the proceedings and to make the report. If a party fails to appear at the time and place appointed, the master may proceed or, in the master's discretion, adjourn the proceedings to a future day, giving notice thereof to the absent party.
(2) Witnesses. The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas issued by the clerk of the appointing court. The failure of any person to comply with the requirements of any subpoena issued as herein provided shall be reported promptly to the court issuing the subpoena.
(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 February 1, 1972, effective September 1, 1972. Amended June 1, 1993, effective January 1, 1994; amended September 28, 1993, effective January 1, 1994.)