Rule 1.938.Speedy hearing
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.938
Plain-English Summary
Rule 1.938 puts the master's proceedings on a clock. Once appointed, the master must notify the parties of the time and place of the first meeting, and that meeting has to happen within 20 days of the appointment, or whatever other time the court's order sets.
If a party who received notice fails to show up, the master has options: proceed without that party, or, in the master's discretion, adjourn to a later day, with notice going to the absent party about the new date. Either way, the rule holds the master to a duty of reasonable diligence in moving the matter forward. If the master is not moving quickly enough, the court — after giving notice to both the master and the parties — can order the master to speed up the proceedings or produce a report.
Frequently Asked Questions
How soon after being appointed must a master schedule the first meeting with the parties?
Within 20 days of appointment, or such other time as the court's order may fix, under Rule 1.938.
What happens if a party does not show up to the master's scheduled meeting?
Rule 1.938 lets the master proceed ex parte, or, in the master's discretion, adjourn to a future day while giving notice of the new date to the absent party.
Is the master required to move the case along quickly?
Yes. Rule 1.938 makes it the master's duty to proceed with all reasonable diligence.
Can the court intervene if the master is moving too slowly?
Yes. Rule 1.938 lets the court, after notice to the master and the parties, order the master to expedite proceedings or make a report.
Who sets the deadline for the master's first meeting if the court's order specifies one?
The court's own order controls. Rule 1.938 uses the 20-day period as the default, but allows the court's order to fix a different time instead.