§ CR 53.02 Judicial sales; settlements; receiverships; qualifications of commissioner

Codes > Kentucky Rules of Civil Procedure > VI Trials > CR 53 > CR 53.02

CR 53.02 Judicial sales; settlements; receiverships; qualifications of commissioner

    (1) Judicial sales under order or judgment of the circuit court may be executed and accounts of estates may be settled by a master commissioner under such terms and conditions as are specified by the circuit court either in its order or judgment or by rule. A master commissioner may act as a receiver under terms and conditions likewise specified by the circuit court. A master commissioner may draft and execute such instruments as are necessary to complete any responsibility. A master commissioner performing any of these functions and appointed after December 31, 1977, shall be qualified as an attorney or experienced as a fiduciary. The master commissioner shall serve notice of the date, time and place of the judicial sale upon every party who is not in default for failure to appear.

    (2) Civil matters pertaining to bills of discovery of assets of judgment debtors and claim and delivery may be referred to a master commissioner who shall be qualified as an attorney.

    (3) All other references to master commissioners shall be warranted only in special cases. Cases may be regarded as special due to complexity of issues, damages which are difficult to calculate, a multiplicity of claims the priority of which must be established, matters of account involving complex or numerous transactions, or similar exceptional circumstances. A master commissioner performing this function shall be qualified as an attorney.