An order of reference to a master commissioner or local rules of court may specify or limit his or her powers and may direct him or her 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 beginning and closing the hearings and for the filing of the master commissioner's report. Subject to the specifications and limitations stated in the order or local rules of court, the master commissioner has and shall exercise the power to regulate all proceedings in every hearing before him or her and to do all acts and take all measures necessary or proper for the efficient performance of his or her duties under the order or local rules of court. He or she may require the production before him of evidence upon matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writing applicable thereto. He or she may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may himself or herself examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master commissioner shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in applicable Rules of Civil Procedure and/or Rules of Evidence for a court sitting without a jury.
Rule 53.03.Powers.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceAn order of reference or local rule can specify or limit a master commissioner's powers, and absent such limits the commissioner can regulate hearings, compel production of evidence and documents, rule on admissibility, swear and examine witnesses and parties, and must record excluded and offered evidence if a party requests it.
Full Text of Rule 53.03
Amendment History
(Adopted October 24, 1977, effective January 1, 1978; amended December 16, 1988, effective January 1, 1989; amended November 22, 1996, effective January 1, 1997; amended November 13, 2006, effective January 1, 2007; amended November 3, 2010, effective January 1, 2011; amended December 9, 2022, effective January 1, 2023.)
Plain-English Summary
Rule 53.03 lays out what a master commissioner can do while handling a referred matter. The order of reference itself, or local rules of court, can narrow the commissioner's authority, limiting the report to particular issues, directing specific acts, restricting the commissioner to gathering and reporting evidence, and setting the schedule for hearings and for filing the report.
Within whatever limits apply, the commissioner runs the hearing: managing proceedings, taking whatever steps are necessary to do the job efficiently, and requiring parties to produce evidence, including books, papers, vouchers, documents, and writings relevant to the reference. The commissioner can also rule on whether evidence is admissible, unless the order of reference says otherwise, put witnesses under oath, question them, and call and question the parties themselves under oath.
If a party asks, the commissioner has to make a record of evidence that was offered and evidence that was excluded, following the same rules that would apply in a bench trial under the Rules of Civil Procedure or the Rules of Evidence.
Frequently Asked Questions
What powers does a master commissioner have during a hearing?
Rule 53.03 gives the master commissioner authority to regulate proceedings, compel production of evidence and documents, rule on admissibility of evidence, swear in and question witnesses, and call and question the parties, subject to any limits set by the order of reference or local rules.
Can the court limit what a master commissioner is allowed to do?
Yes. Rule 53.03 lets the order of reference or local rules of court specify or limit the commissioner's powers, direct the commissioner to address only particular issues or acts, or restrict the commissioner to receiving and reporting evidence.
Does a master commissioner have to keep a record of the evidence at a hearing?
Only if a party requests it. Rule 53.03 then requires the commissioner to record evidence offered and excluded in the same manner used in a bench trial under the applicable Rules of Civil Procedure or Rules of Evidence.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 53.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: master commissioner powers kentuckyCR 53.03order of reference limitsmaster commissioner hearing authorityrecord of evidence master commissioner