(1) Meetings. When a reference is made other than automatic references provided by local rules of court, the clerk shall forthwith furnish the master commissioner with a copy of the order of reference. Upon receipt thereof unless he or she otherwise provides, the master commissioner shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the date of the order of reference and shall notify the parties or their attorneys. It is the duty of the master commissioner to proceed with all reasonable diligence. Either party, on notice to the parties and master commissioner, may apply to the court for an order requiring the commissioner to speed the proceedings and to make his report. If a party fails to appear at the time and place appointed, the master commissioner may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
Rule 53.04.Proceedings.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 53.04 governs how a master commissioner runs a reference from start to finish -- scheduling the first meeting within 20 days of the referral order, compelling witnesses through subpoenas and contempt remedies, and setting the form for accounting evidence when money is at issue.
Full Text of Rule 53.04
(2) Witnesses. The parties may procure the attendance of witnesses before the master commissioner by the issuance and service of subpoenas as provided in Rule 45. If without adequate excuse a witness fails to appear or give evidence, he may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45.
(3) Statement of accounts. When matters of accounting are in issue before the master commissioner, he or she may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master commissioner may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as he or she directs.
Amendment History
(Adopted October 24, 1977, effective January 1, 1978; amended December 16, 1988, effective January 1, 1989; amended November 3, 2010, effective January 1, 2011.)
Plain-English Summary
Once a court refers a matter to a master commissioner, the clerk sends the commissioner a copy of the referral order. The commissioner then sets a time and place for the first meeting with the parties or their lawyers, within 20 days of that order, and notifies everyone. The commissioner has to keep the case moving; if a party thinks progress has stalled, that party can ask the court for an order pushing the commissioner to speed things along and finish the report. If a party skips a scheduled meeting without excuse, the commissioner can go ahead without them or push the meeting to a later date and notify the missing party of the new time.
Witnesses can be brought before the commissioner the same way they're brought to court -- through subpoenas issued and served under Rule 45. A witness who ignores a subpoena or refuses to testify without a good reason faces contempt and the same penalties and remedies that apply under Rules 37 and 45.
When accounting issues are part of the reference, the commissioner can set the format the accounts must follow and can call for or accept a certified public accountant's statement as evidence. If a party objects to an item in the submitted accounts, or the format falls short, the commissioner can order a different form of statement or require the accounts to be proven through oral testimony, written interrogatories, or another method.
Frequently Asked Questions
How soon does a master commissioner have to schedule the first meeting?
Within 20 days after the date of the order of reference, unless the commissioner has already arranged a different schedule.
What happens if I miss a meeting with the master commissioner?
The commissioner can proceed without you (ex parte) or adjourn the proceeding to a later date, giving you notice of the new date.
Can a master commissioner make someone testify or produce records?
Yes. Witnesses can be subpoenaed under Rule 45, and a witness who fails to appear or testify without a good excuse can be held in contempt and face the penalties and remedies under Rules 37 and 45.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 53.04). 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: Kentucky CR 53.04master commissioner meeting deadlinecommissioner subpoena witness Kentuckyaccounting before master commissionerwhat if I miss a commissioner hearingCR 53.04 proceedings