(a) Appointment and compensation. The court in which any action is pending may appoint a special master therein. As used in these rules the word "master" includes a referee, an auditor, an examiner, and an assessor. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court may direct. The master shall not retain the 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.
Rule 53.Masters.
Last amended January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 53 lets the court appoint a special master to handle particular issues in a case, but treats that as the exception rather than routine practice.
Full Text of Rule 53
(b) Reference. A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and of difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.
(c) Powers. The order of reference to the master may specify or limit the master's powers and may direct the master to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for filing of the master's report.
Amendment History
Added July 26, 1990, effective September 1, 1990
amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Any court with a pending action may appoint a special master, a term covering a referee, auditor, examiner, or assessor. The court fixes the master's compensation and decides who pays it, whether from a fund in the court's custody or from one or more of the parties directly; the master can't hold the report hostage over unpaid fees, but can get a writ of execution against a party who doesn't pay after notice and the time the court allows.
Because a reference to a master is meant to be unusual, jury cases only get one when the issues are especially complicated, and non-jury cases only get one, outside of accounting matters or difficult damages computations, on a showing that some exceptional condition requires it. The order appointing the master can narrow or limit the master's powers, direct the master to report only on specific issues, perform particular acts, or just receive and report evidence, and can set a deadline and place for filing the master's report.
Frequently Asked Questions
Is appointing a special master routine?
No. Rule 53(b) treats a reference to a master as the exception, allowed in jury cases only when the issues are especially complicated, and in non-jury cases generally only on a showing of some exceptional condition.
Who pays the master's compensation?
The court fixes it and directs payment from the parties or from a fund already in the court's custody and control.
Can the court limit what a master is allowed to do?
Yes. The order of reference may specify or limit the master's powers, restrict the master to particular issues or acts, or limit the master to receiving and reporting evidence.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 53). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: special masterreference to a mastermaster's compensation