Current through July 1, 2026 · Last verified September 11, 2026
In one sentenceRule 53 lets the court appoint a master to perform specific acts or gather specific evidence, and sets how the master is paid and the report used.
(a)(a) Appointment. The court may appoint a master, referee, auditor, examiner, assessor, special master, volunteer settlement master, commissioner, or receiver (“a master”) to perform specific acts and/or obtain specific evidence to assist the court.
(b)(b) Compensation. A master (except a volunteer settlement master) shall be compensated as determined by the court, and shall be paid out of any fund or subject matter of the action, which is in the custody and control of the court, or by one or more of the parties themselves, as the court may direct. The master shall not retain the master’s report as security for 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 is entitled to a writ of execution against the delinquent party.
(c)(c) Reference. A reference to a master shall be made for good cause. A party may move for the appointment of a master. The court may appoint a master on its own initiative after affording the parties an opportunity to be heard.
(d)(d) Powers. The order of reference to the master shall specify the master’s powers and duties. It may direct the master to perform particular acts only, or to obtain particular evidence only.
(e)(e) Report. The order of reference to a master shall specify the date by which the master’s report shall be completed, served on all parties, and filed with the court.
(f)(f) Admission. The written report of a master may be received in evidence if no objection is made; or if objection is made, may be received in evidence provided the person or persons responsible for the report are available for cross-examination as to any matter contained therein. When a report is received in evidence, any party may introduce other evidence supplementing, supporting, modifying, or rebutting the whole or any part of the report.
(g)(g) Dismissal of action. An action wherein a master has been appointed shall not be dismissed except by order of the court.
End
Amendment History
(Amended March 30, 2022, effective April 25, 2022.)
Plain-English Summary
The rule gathers a long list of titles under one word. A master, referee, auditor, examiner, assessor, special master, volunteer settlement master, commissioner or receiver may be appointed to perform specific acts or obtain specific evidence to assist the court. A reference is made for good cause, on a party motion or on the court own initiative after the parties have had an opportunity to be heard.
The order of reference does the defining work. It specifies the master powers and duties, and may direct the master to perform particular acts only or obtain particular evidence only. It also specifies the date by which the report must be completed, served on all parties and filed.
Compensation is fixed by the court and paid from a fund or subject matter in the court custody or by one or more parties as the court directs. A volunteer settlement master is excepted. A master may not hold the report hostage for payment.
The report may be received in evidence if nobody objects, or over objection provided the people responsible for it are available for cross-examination on anything in it. Other evidence may be introduced to supplement, support, modify or rebut it. And an action in which a master has been appointed may be dismissed only by order of the court.
Frequently Asked Questions
What is a master in Hawaii family court?
A person appointed by the court to perform specific acts or obtain specific evidence to assist it, which the rule defines to include a referee, auditor, examiner, assessor, special master, volunteer settlement master, commissioner or receiver.
Who pays the master?
Compensation is determined by the court and paid out of a fund or subject matter in the court custody or control, or by one or more of the parties as the court directs. A volunteer settlement master is excepted.
Can I cross-examine the master?
If you object to the report, it may be received in evidence only if the people responsible for it are available for cross-examination on any matter in it.
Can the master withhold the report until paid?
No. The master shall not retain the report as security for compensation.
Can a case with a master be dismissed?
Only by order of the court.
Source & verification. The rule text is reproduced verbatim from the
official Hawaii Family Court Rules (Haw. Fam. Ct. R. 53). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. ·
Official source
Also known as:special master hawaii family courtappointing a master hawaii divorcemaster report hawaii family courthawaii family court rule 53