§ Rule 53.02 Order Appointing Master

Codes > Minnesota Statutes > Rules of > VI Trials : Rule 53 > Rule 53.02

Rule 53.02. Order Appointing Master

    (a) Notice. The court must give the parties notice and an opportunity to be heard before appointing a master. A party may suggest candidates for appointment.

    (b) Contents. The order appointing a master must direct the master to proceed with all reasonable diligence and must state:

        (1) the master's duties, including any investigation or enforcement duties, and any limits on the master's authority under Rule 53.03;

        (2) the circumstances--if any--in which the master may communicate ex parte with the court or a party;

        (3) the nature of the materials to be preserved and filed as the record of the master's activities;

        (4) the time limits, method of filing the record, other procedures, and standards for reviewing the master's orders, findings, and recommendations; and

        (5) the basis, terms, and procedure for fixing the master's compensation under Rule 53.08.

    (c) Entry of Order. The court may enter the order appointing a master only after the master has filed an affidavit disclosing whether there is any ground for disqualification and, if a ground for disqualification is disclosed, after the parties have consented with the court's approval to waive the disqualification.

    (d) Amendment. The order appointing a master may be amended at any time after notice to the parties and an opportunity to be heard.