§ CR 53.05 Report

Codes > Kentucky Rules of Civil Procedure > VI Trials > CR 53 > CR 53.05

CR 53.05 Report

    (1) Contents and filing. The master commissioner shall prepare a report of recommendations to the court upon the matters submitted by the order of reference or local rules of court and, if required to make findings of fact and conclusions of law, the master commissioner shall set them forth in the report and shall file the report and sufficient copies for all parties with the clerk of the court. The clerk shall forthwith serve the report and notice of the filing upon all parties who have appeared in the action. A transcript of reported proceedings may be ordered by any party at that party's expense. In the case of proceedings recorded on video the untranscribed recording shall constitute the official record.

    (2) Action on report. Within 10 days after being served with notice of the filing of the report any party may serve written
objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in CR 6.04. The court after hearing may adopt the report, or may modify it, or may reject it in whole or in part, or may receive further evidence, or may recommit it with instructions.

    (3) Stipulation as to findings. The effect of a master commissioner's report is the same whether or not the parties have consented to the reference, but, when the parties stipulate that a master commissioner's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.

    (4) Draft report. Before filing his report a master commissioner may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.

    (5) Report as security. The master commissioner shall not retain his report as security for his compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master commissioner is entitled to a writ of execution against the delinquent party.

    (6) The report shall be promptly acted upon by the court.