(a) Master and Special Referee Defined . The term "master" means the master-in-equity for the county. The term "special referee" means a member of the South Carolina Bar to whom a matter has been referred under S.C. Code Ann. § 14- 11-60.
Rule 53.Masters and special referees
Group VI: Trials · Last amended April 30, 2026 · Last verified July 13, 2026
In one sentenceRule 53 governs when a South Carolina circuit court can refer a case to a master-in-equity or special referee, gives that officer the same authority as a judge sitting without a jury, and routes any appeal from the master's or referee's ruling directly to the Court of Appeals or Supreme Court.
Full Text of Rule 53
(b) References . In an action where the parties consent, in a default case, or an action for foreclosure, some or all of the causes of action in a case may be referred to a master or special referee by order of a circuit judge or the clerk of court. In all other actions, the circuit court may, upon application of any party or upon its own motion, direct a reference of some or all of the causes of action in a case. Any party may request a jury pursuant to Rule 38 on any or all issues triable of right by a jury and, upon the filing of a jury demand, the matter shall be returned to the circuit court. A case shall not be referred to a master or special referee for the purpose of making a report to the circuit court. The clerk shall promptly provide the master or special referee with a copy of the order of reference.
(c) Powers . Once referred, the master or special referee shall exercise all power and authority which a circuit judge sitting without a jury would have in a similar matter.
(d) Compensation of Special Referees . The compensation of the special referee shall be paid by the parties in such amount as shall be set by the special referee, subject to review by the circuit court upon objection by any party within 20 days of receipt of written notice of entry of the order.
(e) Appeals . When a matter has been referred, any appeal from any order or judgment issued by the master or special referee shall be to the Supreme Court or the Court of Appeals as provided by the South Carolina Appellate Court Rules.
Notes
Note: This Rule 53 follows the Federal Rule as to form but is considerably modified to conform to State practice and needs. References in Federal Courts are rare, but absolutely necessary in State Courts, particularly to handle a large volume of State litigation such as foreclosures, partitions, and other equity matters. The State practice allowing judgment to be entered on the master's report in appropriate cases is preserved, as is the allowance of 10 days to file exceptions to the report. Other posttrial motions, such as a motion to amend judgment under Rule 52(b), would apply when the order of reference directs that judgment be entered on the master's report, just as they apply in actions tried by the court.
Note to 1986 Amendment: Rule 53(c) is amended to make clear that the master has the same powers as a court sitting without a jury unless the order of reference limits his authority. Changes in that paragraph as well as Rule 53(d) leave the scheduling of the time and place of the hearings to the master. Rule 53(e)(1) is amended to remove the need for filing the transcript of proceedings if one has not been prepared, but Rule 53(e)(2) allows any party to obtain the transcript of proceedings before any hearing on exceptions to the master's report. Rule 53(e)(5) now authorizes the master to request briefs or proposed orders from counsel.
Note to 1994 Amendment: This Rule 53(b) amendment clarifies the authority of the clerk of court to issue orders of reference in default cases and where all the parties consent.
Note to 1999 Amendment: This amendment substantially revises this rule. It eliminates the practice of referring a matter for the purpose of making a report to the circuit court. Under the revised rule, the master or special referee will enter final judgment on any matter which is referred and any appeal from a decision of the master or special referee is to the Court of Appeals or the Supreme Court as provided by the South Carolina Appellate Court Rules. The detailed discussion of the powers of masters and special referees, and the procedure to be followed in matters pending before them, has been eliminated as unnecessary since the master or special referee has all the powers that a circuit court judge sitting without a jury would have in the matter and the procedure is that provided by the South Carolina Rules of Civil Procedure.
Note to 2001 Amendment: Rule 53(d) is amended to provide that fees for special referees are set by the special referee subject to review by the circuit court if a party timely objects.
Note to 2002 Amendment: The 2002 amendment permits referral of foreclosure cases to the master-in-equity by order of the clerk of court. If there are counterclaims requiring a jury trial, any party may file a demand for a jury under Rule 38 and the case will be returned to the circuit court.
Note to 2026 Amendment: The amendment to paragraph (d) extends the time a party has to object to an order setting compensation from 10 days to 20 days of receipt of written notice of entry of the order.
Amendment History
Last Amended by Order dated April 30, 2026.
Plain-English Summary
Rule 53 sets up South Carolina's reference system — sending a case, or part of one, to a master-in-equity or a special referee rather than keeping it before a circuit judge. Subsection (a) defines the players: a master is the master-in-equity for the county, and a special referee is a member of the South Carolina Bar appointed to hear a matter under the state's referral statute. Subsection (b) sets out when a reference can happen: by consent of the parties, in a default case, or in a foreclosure action, a circuit judge or the clerk of court can order some or all of a case's claims referred. In other cases, the circuit court can order a reference on a party's motion or on its own. Whatever the trigger, any party can still demand a jury under Rule 38 on issues that carry a jury-trial right, and filing that demand sends the matter back to circuit court rather than letting it stay with the master or referee. The rule also forbids referring a case just so the master or referee can write a report back to the circuit court — a reference under this rule is meant to produce a final decision, not a recommendation.
Subsection (c) is short and consequential: once a matter is referred, the master or special referee has all the power and authority a circuit judge sitting without a jury would have over that same matter. That's a broad grant — it means the master isn't limited to procedural housekeeping but can rule on the merits with the same authority as the judge whose docket the case came from.
The remaining subsections handle logistics and review. Subsection (d) leaves a special referee's compensation to be set by the referee, subject to review by the circuit court if a party objects within 20 days of receiving written notice that the order setting compensation was entered — a deadline that a 2026 amendment doubled from the previous 10-day window, matching the same change made to Rules 50 and 52. Subsection (e) sends any appeal from a master's or special referee's order or judgment straight to the Court of Appeals or Supreme Court, following the South Carolina Appellate Court Rules, rather than routing it back through the circuit court first.
Frequently Asked Questions
What's the difference between a master-in-equity and a special referee in South Carolina?
A master-in-equity is a standing judicial officer for the county. A special referee is a member of the South Carolina Bar appointed to handle a particular referred matter under the state's referral statute, rather than holding a standing county position.
When can a South Carolina case be referred to a master or special referee?
By consent of the parties, in a default case, or in a foreclosure action, a circuit judge or the clerk of court can order a reference. In other cases, the circuit court can order a reference on a party's motion or on its own initiative.
Does referring a case to a master eliminate a party's right to a jury trial?
No. Any party can demand a jury under Rule 38 on issues that carry a jury-trial right, and filing that demand returns the matter to circuit court rather than leaving it with the master or special referee.
What authority does a master or special referee have once a case is referred?
The same power and authority a circuit judge sitting without a jury would have over that matter, under Rule 53(c) — not a narrower, report-writing role.
How is a special referee paid, and can a party challenge the amount?
The special referee sets the compensation, but a party can object and get circuit court review within 20 days of receiving written notice that the order setting compensation was entered. That window was extended from 10 days by a 2026 amendment.
Where does an appeal from a master's or special referee's decision go?
Directly to the Court of Appeals or the Supreme Court, as provided by the South Carolina Appellate Court Rules, rather than through an intermediate circuit court appeal.
Can a case be referred to a master just so the master can report back to the circuit court?
No. Rule 53(b) states that a case cannot be referred for the purpose of making a report to the circuit court — a reference under this rule is meant to end in a final decision by the master or referee.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: master in equity South Carolinaspecial referee reference civil caseforeclosure referral to masterappeal from master order South Carolinareference to master-in-equity Rule 53