(A) Appointment, Removal and Substitution
Rule 46.SPECIAL MASTERS
Rule 46. SPECIAL MASTERS · Last amended 2015 · Last verified July 17, 2026
In one sentenceRule 46 lets a superior court appoint a special master — on a party’s motion or its own — for any of several purposes ranging from duties the parties consent to, to pretrial or post-trial matters the court cannot efficiently manage alone, to expert guidance, compliance monitoring, investigation, or accounting, all subject to a detailed appointment order, tiered standards of review, and court-controlled compensation.
Full Text of Rule 46
(1) Unless a statute provides otherwise, upon the motion of any party or upon the court’s own motion, the court of record may appoint a master:
(a) to perform duties consented to by the parties;
(b) to address pretrial and post-trial matters that the court cannot efficiently, effectively or promptly address;
(c) to provide guidance, advice and information to the court on complex or specialized subjects, including, but not limited to technology issues related to the discovery process;
(d) to monitor implementation of and compliance with orders of the court or, in appropriate cases, monitoring implementation of settlement agreements;
(e) to investigate and report to the court on matters identified by the court;
(f) to conduct an accounting as instructed by the court and to report upon the results of the same;
(g) upon a showing of good cause, to attend and supervise depositions conducted outside of the jurisdiction; and
(h) to hold trial proceedings and make or recommend findings of fact 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, to resolve a difficult computation of damages or if the matter involves issues for which a special substantive competence would be beneficial.
(2) A master must not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge under applicable standards, unless the parties consent with the court’s approval to appointment of a particular person after disclosure of all potential grounds for disqualification.
(3) In appointing a master, the court should consider the fairness of imposing the likely expenses on the parties and should protect against unreasonable expense and delay, taking into account the burdens and the benefits such an appointment would produce. The appointment of a special master shall not deprive any party access to the courts or the civil justice system.
(4) A special master may be removed or substituted by order of the court, upon motion of a party or sua sponte.
(B) Order Appointing Master
(1) Notice. The court must give the parties notice and an opportunity to be heard before appointing a master.
(2) Contents. The order appointing a master must direct the master to proceed with all reasonable diligence and must state:
(a) the master’s duties, including any investigative or enforcement duties, and any specific limits on the master’s authority;
(b) the circumstances, if any, in which the master may communicate ex parte with the court or a party;
(c) the nature of the materials to be preserved and filed as the record of the master's activities;
(d) the time limits, method of filing the record, other procedures, and standards for reviewing the master’s orders, findings, and recommendations; and
(e) the basis, terms, and procedure for fixing the master's compensation pursuant to subparagraph (H) hereof.
(3) Entry of Order of Appointment. The court may enter the order appointing a master only after the master has filed an affidavit: (i) 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; and (ii) certifying that the master shall discharge the master’s duties as required by law and pursuant to the court’s instructions without favor to, or prejudice against any party.
(4) Amendment. The order appointing a master may be amended at any time after notice to the parties, and an opportunity to be heard.
(C) Master’s Authority. Unless the appointing order expressly directs otherwise, a master has authority to regulate all proceedings and take all appropriate measures to perform fairly and efficiently all assigned duties. Unless otherwise indicated in the court’s order of appointment, the master shall have the power to take evidence, to hear motions and to pass on questions of law and fact within the scope of the referral order. The master may by order impose upon a party any noncontempt sanction provided by OCGA §§ 9-11-37 and 9-11-45, and may recommend to the court a contempt sanction against a party and any sanction against a nonparty.
(D) Evidentiary Hearings. Unless the appointing order expressly directs otherwise, a master conducting an evidentiary hearing may exercise the power of the appointing court to compel, take, and record evidence.
(E) Master’s Orders. A master who makes an order must promptly serve a copy on each party.
(F) Master’s Reports. Unless otherwise indicated in the appointment order, a master must report to the court:
(1) all motions submitted by the parties;
(2) all rulings made on all issues presented and all conclusions of law and findings of fact; ;
(3) all evidence offered by the parties and all rulings as to the admissibility of such evidence; and
(4) such other matters as the master may deem appropriate.
The master must file the report and promptly serve a copy of the report on each party, unless the court directs otherwise. (G) Action on Master’s Order, Report, or Recommendations.
(1) Action. In acting on a master’s order, report, or recommendations, the court must afford the parties an opportunity to be heard and to object to any portion thereof. The court may receive evidence, and may adopt or affirm, modify, reject or reverse in whole or in part, or resubmit all or some issues to the master with instructions.
(2) Time To Object or Move. A party may file a motion to reject or to modify the master’s order, report, or recommendations within 20 days from the date on which the master’s order, report, or recommendations are served, unless the court sets a different time. The master’s order, report, or recommendations shall be deemed received three days after mailing by United States mail or on the same day if transmitted electronically or by hand-delivery. In the absence of a motion to reject or modify an order, report or recommendations within the time provided, the order, report or recommendations shall have the force and effect of an order of the court.
(3) Fact Findings. The court must decide de novo all objections to findings of fact made or recommended by a master, unless the parties stipulate with the court’s consent that:
(a) the master’s findings will be reviewed for clear error, or
(b) the findings of a master appointed under subsections (A) (1) (a) or (b) will be final.
(4) Legal Conclusions. The court must decide de novo all objections to conclusions of law made or recommended by a master.
(5) Procedural Matters. Unless the order of appointment establishes a different standard of review, the court may set aside a master’s ruling on a procedural matter only for an abuse of discretion.
(H) Compensation
(1) Fixing Compensation. The court shall fix the master’s compensation on the basis and terms stated in the order of appointment, but the court may set a new basis and terms after notice and an opportunity to be heard.
(2) Payment. The compensation fixed must be paid either:
(a) by a party or parties; or
(b) from a fund or subject matter of the action within the court’s control.
(3) Allocation. The court must allocate payment of the master’s compensation among the parties after considering the nature and amount of the controversy, the means of the parties, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits.
Plain-English Summary
Rule 46 gives superior courts a way to bring in outside help — a special master — unless a statute provides otherwise for the case at hand. A court can appoint a master on its own motion or a party’s motion, for purposes ranging from duties the parties have agreed to, to pretrial and post-trial matters the court can’t handle efficiently on its own, to guidance on complex or specialized subjects like discovery technology, to monitoring compliance with court orders or settlements, to investigation, accounting, or supervising out-of-jurisdiction depositions. In exceptional cases, or where an accounting or difficult damages calculation calls for special expertise, a master may even hold trial proceedings and recommend findings of fact. A master can’t have any relationship to the parties or the case that would disqualify a judge, unless the parties consent after full disclosure, and the court has to weigh the fairness of the expense involved before making the appointment — an appointment that can’t deprive any party of access to the courts or the civil justice system. Once appointed, a master may also be removed or substituted by court order, whether on a party’s motion or the court’s own initiative.
Before a master takes office, the parties get notice and a chance to be heard, and the master has to file an affidavit disclosing any grounds for disqualification and certifying impartial service. The court’s order of appointment has to spell out the master’s duties and any limits on them, when the master can communicate with the court or a party outside the presence of the other side, what records the master keeps, how the master’s work will be reviewed, and how the master will be paid. Once appointed, the master can regulate proceedings, take evidence, hear motions, and impose noncontempt sanctions, while recommending contempt sanctions or sanctions against nonparties to the court.
A master’s orders go to the parties promptly, and the master reports to the court on motions submitted, rulings and findings made, evidence offered and its admissibility, and anything else the master thinks the court should know. Parties have twenty days to object to a report before it takes on the force of a court order. The court reviews factual findings de novo unless the parties agree to a clear-error standard, or to treat the findings of a consented-duty or efficiency master as final; legal conclusions always get de novo review; procedural rulings are reviewed only for abuse of discretion unless the appointment order says otherwise.
Compensation is set by the court in the appointment order, though the court can revise the basis and terms after notice and a hearing. Payment comes either from a party or parties, or from a fund or subject matter within the court’s control, and the court allocates that cost among the parties based on the size and nature of the dispute, the parties’ financial means, and how responsible each party was for needing a master in the first place.
Frequently Asked Questions
Can a special master be appointed without the parties agreeing to it?
Yes, in general — the court may appoint a master on the motion of any party or on its own motion. Consent is required only for a master appointed to perform duties the parties have specifically consented to.
Does a proposed special master have to disclose conflicts of interest?
Yes — before the order of appointment is entered, the master must file an affidavit disclosing any ground for disqualification and certifying that duties will be discharged without favor to, or prejudice against, any party.
How long do the parties have to object to a master’s order, report, or recommendations?
Twenty days from the date the order, report, or recommendations are served, unless the court sets a different time.
What standard of review applies to a master’s factual findings?
The court decides objections to factual findings de novo, unless the parties stipulate, with the court’s consent, to a clear-error standard, or to treat as final the findings of a master appointed to perform consented-to duties or to address matters the court couldn’t efficiently handle itself.
Who pays for a special master’s services?
Either a party or parties, or a fund or subject matter of the action within the court’s control, with the court allocating the cost after considering the nature and amount of the controversy, the parties’ means, and each party’s relative responsibility for the reference.
Amendment History
Adopted effective June 4, 2009; amended effective June 4, 2015.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: USCR 46Georgia special master rulehow to appoint special master Georgia courtspecial master compensation Georgiaobjecting to special master reportspecial master disqualification affidavit