§ Rule 53.01 Appointment

Codes > Minnesota Statutes > Rules of > VI Trials : Rule 53 > Rule 53.01

Rule 53.01. Appointment

    (a) Authority for Appointment. Unless a statute provides otherwise, a court may appoint a master only to:

        (1) perform duties consented to by the parties;

        (2) hold trial proceedings and make or recommend findings of fact on issues to be decided by the court without a jury if
appointment is warranted by

            (A) some exceptional condition, or

            (B) the need to perform an accounting or resolve a difficult computation of damages; or

        (3) address pretrial and post-trial matters that cannot be addressed effectively and timely by an available district judge.

    (b) Disqualification. A master must not have a relationship to the parties, counsel, action, or court that would require
disqualification of a judge, unless the parties consent with the court's approval to appointment of a particular person after disclosure of any potential grounds for disqualification.

    (c) Expense. In appointing a master, the court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.