Rule 1006.Masters

Rule 1006 lets the court delegate part of a case, and immediately limits when it may.

Appointment is the exception

The court may appoint a master, and "master" includes a referee, a commissioner, an auditor, and an examiner. But a master must not be appointed except to perform an accounting or on a showing that some exceptional condition requires it.

Accounting is the common family law use — a closely held business, a trust, or years of commingled funds needing reconstruction. Rule 1006(f)(3) equips the master for exactly that: directing the form of the statement of account, and requiring the testimony of a certified public accountant.

Compensation

Set by the court, payable by the parties or from a fund or subject matter in the court's control. The master must not retain the report as security for payment — but if a party ordered to pay does not, the master is entitled to a writ of execution against that party. Rule 901(a)(5) lets the court assess and apportion master fees as costs.

Disqualification

A master must be disqualified on a finding of any relation or condition that would disqualify a judge for cause. A party has 14 days from receipt of notice of the appointment to move to disqualify, stating the grounds. The motion may be supported by affidavit and is heard as other motions, on testimony or on the record including affidavits and counter-affidavits filed by the parties or the master.

Authority

The order may define the master's authority, direct a report on particular issues or only the receipt and reporting of evidence, and fix the times for hearings and the report.

Unless the order directs otherwise, a master may regulate all proceedings; take appropriate measures to perform the duties fairly and efficiently; compel, take and record evidence when conducting an evidentiary hearing; rule on the admissibility of evidence; and put witnesses on oath, examine them, and call and examine the parties. On a party's request the master must make a record of evidence offered and excluded as Idaho Rule of Evidence 103 provides.

Procedure

The clerk gives the master the order. Unless the order says otherwise, the master must hold the first meeting within 21 days of the order and must act promptly and diligently — and either party may apply for an order requiring the master to speed the proceedings and make the report. If a party fails to appear, the master may proceed without them or postpone to a certain date. Parties may subpoena witnesses for proceedings before a master, and a witness who fails to appear without adequate excuse may be sanctioned.

The report

The master files a report of the matters submitted, separately stating findings of fact and conclusions of law if required, together with a transcript of the proceedings and the evidence and the original exhibits unless the order directs otherwise. The clerk immediately mails notice of the filing to all parties.

Then the standard: the court must accept the master's findings of fact unless clearly erroneous — the same deference Rule 801(a)(7) gives a trial court's findings. Any party has 14 days after service of notice of filing to file written objections. After hearing, the court may adopt, modify, or reject the report in whole or in part, receive further evidence, or resubmit the matter with instructions.

The report's effect is the same whether or not the parties consented to the reference — but where they stipulate that the findings must be final, only questions of law remain. And before filing, a master may submit a draft to the attorneys for their suggestions.