§ Rule 53(a) Appointment

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VI Trials > Rule 53 > Rule 53(a)

Rule 53(a). Appointment

    (1) Unless a statute provides otherwise, a court may appoint a master only to:

        (A) perform duties consented to by the parties;

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

            (i) some exceptional condition or

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

        (C) address pretrial and post-trial matters that cannot be addressed effectively and timely by an available superior court judge in the county in which the court sits.

    (2) A master shall not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge under Rule 81 of the Rules of the Supreme Court of Arizona unless the parties consent with the court's approval to appointment of a particular person after disclosure of any potential grounds for disqualification.

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