(1) Contents and filing. The master commissioner shall prepare a report of recommendations to the court upon the matters submitted by the order of reference or local rules of court and, if required to make findings of fact and conclusions of law, the master commissioner shall set them forth in the report and shall file the report and sufficient copies for all parties with the clerk of the court. The clerk shall forthwith serve the report and notice of the filing upon all parties who have appeared in the action. A transcript of reported proceedings may be ordered by any party at that party's expense. In the case of proceedings recorded on video the untranscribed recording shall constitute the official record.
Rule 53.05.Report.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 53.05 spells out what a master commissioner's report must contain, how it's filed and served, the 10-day window to object, the court's options for acting on it, and the commissioner's remedy (a writ of execution, not withholding the report) when compensation goes unpaid.
Full Text of Rule 53.05
(2) Action on report. Within 10 days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in CR 6.04. The court after hearing may adopt the report, or may modify it, or may reject it in whole or in part, or may receive further evidence, or may recommit it with instructions.
(3) Stipulation as to findings. The effect of a master commissioner's report is the same whether or not the parties have consented to the reference, but, when the parties stipulate that a master commissioner's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.
(4) Draft report. Before filing his report a master commissioner may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
(5) Report as security. The master commissioner shall not retain his report as security for his 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 commissioner is entitled to a writ of execution against the delinquent party.
(6) The report shall be promptly acted upon by the court.
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
After finishing a reference, the master commissioner prepares a report of recommendations and, if findings of fact and conclusions of law were required, sets those out in the report too. The commissioner files the report and enough copies for all parties with the clerk, and the clerk serves the report and notice of filing on everyone who has appeared in the case. Any party can order a transcript of recorded proceedings at that party's own expense; if the proceedings were recorded on video, the untranscribed recording itself serves as the official record.
Once served with notice that the report was filed, a party has 10 days to serve written objections on the other parties. Getting the court to act on the report, or on objections to it, requires a motion on notice under CR 6.04. After a hearing, the court can adopt the report, modify it, reject some or all of it, take further evidence, or send it back to the commissioner with instructions. The rule directs the court to act on the report promptly.
If the parties stipulated that the commissioner's fact-findings would be final, only questions of law raised by the report get reviewed afterward -- but a report carries the same weight whether or not the parties agreed to the reference in the first place. Before filing, a commissioner may share a draft report with counsel for all parties to gather their input.
A commissioner cannot hold the report hostage as security for unpaid compensation. But if the party ordered to pay the commissioner's fee doesn't pay within the time the court set, after notice, the commissioner can get a writ of execution against that party.
Frequently Asked Questions
How long do I have to object to a master commissioner's report in Kentucky?
10 days after being served with notice that the report was filed. Objections go to the other parties in writing, and getting the court to act on them requires a motion on notice under CR 6.04.
Can a master commissioner refuse to file the report until paid?
No. The commissioner cannot hold the report as security for compensation. If the party who owes the fee doesn't pay within the court-ordered time, the commissioner's remedy is a writ of execution against that party, not withholding the report.
What can a judge do with a master commissioner's report?
After a hearing, the judge can adopt the report, modify it, reject it in whole or in part, take further evidence, or send it back to the commissioner with instructions.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 53.05). 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 53.05object to master commissioner reportmaster commissioner report deadlinewrit of execution unpaid commissioner feedraft commissioner report KentuckyCR 6.04 motion on commissioner report