§ 68.03 Masters in Appellate Courts

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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.