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December 2010 CIVIL PROCEDURE Ch 1, p.55
Rule 1.935 Reference to master. A “master” includes a referee, auditor or examiner. On a showing
of exceptional conditions requiring it, the court may appoint a master as to any issues not to be tried
to a jury. The clerk shall furnish the master with a copy of the order of appointment.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.936 Compensation. The court shall fix the master’s compensation and order it paid or
advanced by such parties, or from such fund or property, as it may deem just. Execution may
issue on such order at the master’s demand. The master shall not retain any reports as security for
compensation.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.937 Powers. The order may specify or limit the master’s powers or duties, the issue on which
a report is to be made, or the time within which a hearing shall be held or a report filed, or specify that
the master merely take and report evidence. Except as so limited the master shall have and exercise
power to regulate all proceedings before the master; to administer oaths and to do all acts and take
all measures appropriate for the efficient performance of the master’s duties; to compel production
before the master of any witness or party whom the master may examine, or of any evidence on
any matters embraced in the reference, and to rule on admissibility of evidence. The master shall,
on request, make a record of evidence offered and excluded. The master may appoint a shorthand
reporter whose fees shall be advanced by the requesting party.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.938 Speedy hearing. Upon appointment the master shall notify the parties of the time and
place of their first meeting, which shall be within 20 days or such other time as the court’s order may
fix. If a party so notified fails to appear, the master may proceed ex parte, or, in the master’s discretion,
adjourn to a future day, giving notice thereof to the absent party. It is the duty of the master to proceed
with all reasonable diligence; and the court, after notice to the master and the parties, may order the
master to expedite proceedings or make a report.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.939 Witnesses. Any party may subpoena witnesses before a master as for trial in open court;
and a witness failing to appear or testify without good cause shall be subject to the same punishment
and consequences.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.940 Accounts. The master may prescribe the form for submission of accounts which are in
issue. In any proper case the master may require or receive in evidence the statement of a certified
public accountant who testifies as a witness. If any item submitted or stated is objected to, or shown
insufficient in form, the master may require that a different form be furnished, or that the accounts or
any item thereof be proved by oral testimony or written interrogatories of the accounting parties, or
in such other manner as the master directs.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.941 Filing report. The master shall file with the clerk the original exhibits, and any transcript
of the proceedings and evidence, otherwise a summary thereof, with a report on the matters submitted
in the order of reference, including separate findings and conclusions if so ordered. The master may
submit a draft of the report to counsel for their suggestions.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.942 Disposition. The clerk shall mail notice of filing the report to all attorneys of record.
Within ten days after mailing, unless the court enlarges the time, any party may file written objections
to it. Application for action on said report, or objections, shall be heard on such notice as the court
prescribes. The report shall have the same effect whether or not the reference was by consent; but
where parties stipulate that the master’s findings shall be final, only questions of law arising upon
the report shall thereafter be considered. The court shall accept the master’s findings of fact unless
clearly erroneous; and may adopt, reject or modify the report wholly or in any part, or recommit it
with instructions.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]