Rule 171.Master in Chancery

Last verified June 28, 2026

In one sentenceRule 171 lets a court, in exceptional cases and for good cause, appoint a master in chancery — a disinterested Texas citizen — to hear specified matters, take evidence, and report, with powers fixed by the order of reference.

Full Text of Rule 171

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The court may, in exceptional cases, for good cause appoint a master in chancery, who shall be a citizen of this State, and not an attorney for either party to the action, nor related to either party, who shall perform all of the duties required of him by the court, and shall be under orders of the court, and have such power as the master of chancery has in a court of equity. The order of references to the master may specify or limit his powers, and may direct him 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 limitations and specifications stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of books, papers, vouchers, documents and other writings applicable thereto. He 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, 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 as provided for a court sitting in the trial of a case. The clerk of the court shall forthwith furnish the master with a copy of the order of reference. The parties may procure the attendance of witnesses before the master by the issuance and service of process as provided by law and these rules. The court may confirm, modify, correct, reject, reverse or recommit the report, after it is filed, as the court may deem proper and necessary in the particular circumstances of the case. The court shall award reasonable compensation to such master to be taxed as costs of suit.

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Plain-English Summary

Rule 171 lets a court bring in a special helper for an unusual case. In exceptional cases, for good cause, the court may appoint a master in chancery — who must be a Texas citizen, not an attorney for either party, and not related to a party. The master performs the duties the court assigns, under the court's orders, with the powers a master in chancery has in a court of equity.

The order of reference defines the job. It may specify or limit the master's powers, direct a report on particular issues, have the master receive and report evidence, and fix the time and place for hearings and the master's report. Within those limits, the master may regulate the proceedings before him and take the measures needed to perform his duties, including requiring the production of evidence.

Frequently Asked Questions

What is a master in chancery in Texas?

Under Rule 171, a disinterested person a court may appoint in exceptional cases, for good cause, to hear specified matters, take evidence, and report — with powers set by the court's order of reference.

Who is disqualified from serving as a master in chancery under Rule 171?

Rule 171 excludes anyone who is not a Texas citizen, who is an attorney for either party, or who is related to either party.

Who pays for a master in chancery appointed under Rule 171?

The court awards the master reasonable compensation, which Rule 171 taxes as costs of the suit.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 171), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: master in chanceryspecial masterorder of referenceTRCP 171