Rule 53.Masters.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 53 lets the court appoint a master to hear a matter, defines the master's powers and pay, and gives a party ten days after notice of the report to serve written objections.

Full Text of Rule 53

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Appointment and Compensation. The court may appoint a special master in any appropriate action which is pending therein. As used in these rules the word “master” includes a referee, an auditor, an examiner, and any other individual or entity possessing such special expertise sufficient to serve the purpose or purposes for which a master may be appointed under this rule. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court, may direct. The master shall not retain the report as security for 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 is entitled to a writ of execution against the delinquent party.

(b) Reference.

(1) By Agreement. The court may appoint a master in all cases where the parties agree that the case may be so tried.

(2) Without Agreement. In absence of agreement of the parties, a reference shall be the exception and not the rule. Save in matters of account, a reference shall be made only upon a showing that some exceptional condition requires it.

(c) Powers. The order of reference to the master may specify or limit the master's powers and may direct the master 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's report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before the master and to do all acts and take all measures necessary or proper for the efficient performance of the master's duties under the order. The master may require the production of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. The master may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses under oath and may examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Rhode Island Rules of Evidence.

(d) Proceedings.

(1) Meetings. When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the master shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within twenty (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 to proceed with all reasonable diligence. Either party, on notice to the parties and master, may apply to the court for an order requiring the master to speed the proceedings and to make the report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in the master's discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.

(2) Witnesses. The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 45. If without adequate excuse a witness fails to appear or give evidence the witness may be punished for 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, the master 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 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 the master directs.

(e) Report.

(1) Contents and Filing. The master shall prepare a report upon the matters submitted to the master by the order of reference and, if required to make findings of fact and conclusions of law, the master shall set them forth in the report. The master shall file the report with the clerk of the court and serve on all parties notice of the filing. Unless otherwise directed by the order of reference, the master shall file with it a transcript of the proceedings and of the evidence and the original exhibits. Unless otherwise directed by the order of reference, the master shall serve a copy of the report on each party.

(2) Acceptance of Report. The court shall accept the master's findings of fact unless clearly erroneous. Within ten (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 Rule 6(d). The court after hearing may adopt the report or may reject it in whole or in part or may receive further evidence or may recommit the report to the master with instructions.

(3) [Reserved].

(4) Stipulation as to Findings. The effect of a master's report is the same whether or not the parties have consented to the reference; but when the parties stipulate that a master's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.

(5) Draft Report. Before filing his or her report a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.

End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Subdivision (a) makes the appointment available in any appropriate pending action and reads the word master broadly, taking in a referee, an auditor, an examiner, and any other individual or entity with special expertise sufficient for the purpose. The court fixes the compensation and directs whether it is charged to parties or paid from a fund or the subject matter in the court's custody. The master may not hold the report hostage for payment, but if the party ordered to pay does not do so after notice and within the court's time, the master may take out a writ of execution against that party.

Subdivision (b) limits when a reference happens. The court may appoint a master in all cases where the parties agree the case may be tried that way. Without agreement, a reference is the exception and not the rule, and outside matters of account it is made only on a showing that some exceptional condition requires it.

Subdivisions (c) and (d) describe the work. The order of reference may specify or limit the master's powers, direct a report on particular issues or only the receipt and reporting of evidence, and fix times and places. Within those limits the master regulates the proceedings, may require production of books, papers, vouchers, documents and writings, may rule on admissibility unless the order says otherwise, and may put witnesses and parties under oath. The first meeting is set within twenty days after the date of the order of reference, a party who fails to appear risks the master proceeding ex parte, and either party may ask the court to order the master to speed the proceedings and make the report. Witnesses are brought in by subpoena under Rule 45, with contempt and the consequences of Rules 37 and 45 behind it.

Subdivision (e) is where the case comes back to the judge, and (e)(2) carries the deadline. The master files the report with the clerk and serves notice of the filing on all parties. Unless the order of reference directs otherwise, the master files with it a transcript of the proceedings and of the evidence and the original exhibits, and serves a copy of the report on each party. The court accepts the master's findings of fact unless they are clearly erroneous. Any party has ten days after being served with notice of the filing to serve written objections on the other parties, and action on the report is sought by motion on notice under Rule 6(d). The court may adopt the report, reject it in whole or in part, receive further evidence, or recommit it with instructions. If the parties stipulate that the master's findings of fact are final, only questions of law arising on the report remain.

Frequently Asked Questions

What is a master in Rhode Island Family Court?

A master is a person or entity the court appoints to hear part or all of a pending action. Subdivision (a) says the word includes a referee, an auditor, an examiner, and any other individual or entity with special expertise sufficient to serve the purpose of the appointment.

Can the court send my case to a master if I do not agree?

It can, but subdivision (b)(2) makes that the exception and not the rule. Outside matters of account, a reference without the parties' agreement is made only upon a showing that some exceptional condition requires it.

How do I object to a master's report?

Written objections go to the other parties within ten days after service of notice that the report was filed. Under subdivision (e)(2), action on the report and on the objections is then sought by motion, on notice as prescribed in Rule 6(d).

Will the judge decide the facts over again?

No. Subdivision (e)(2) requires the court to accept the master's findings of fact unless they are clearly erroneous. After hearing, the court may adopt the report, reject it in whole or in part, receive further evidence, or recommit it to the master with instructions.

Who pays the master?

The court fixes the compensation and directs that it be charged to such of the parties, or paid out of a fund or the subject matter in the court's custody, as it decides. The master may not retain the report as security, and may obtain a writ of execution against a party who does not pay after notice and within the time the court set.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 53). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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