(a) Appointment and Compensation. A superior court in which an action is pending may appoint one or more masters therein, not exceeding three in number. As used in these rules “master” includes an auditor, referee, or commissioner, and the singular includes the plural. The compensation to be allowed to a master shall be fixed by the court, and such compensation and necessary expenses incurred by a master as allowed by the court shall be paid by the state as provided by law.
Rule 53.Masters
Group VI: Trials · Last amended January 1, 2018 · Last verified July 14, 2026
In one sentenceRule 53 governs when a court may appoint a master to hear and report on a case or issue, what powers and procedures apply to the reference, and how the master's report gets filed, reviewed, and used at trial.
Full Text of Rule 53
(b) Reference.
(1) Reference by Agreement. The court may appoint a master in all cases where the parties agree that the case may be so tried.
(2) Reference Without Agreement. In absence of agreement of the parties, a reference shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when an investigation of accounts or an examination of vouchers is required; in an action to be tried without a jury, save in matters of account, a reference shall be made only upon a showing that some exceptional condition requires it or when provided by law.
(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. 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 Rule 43(c) for a court sitting without a jury.
(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 21 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 a 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 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, 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. In cases where the reference is by agreement of the parties, the master shall file with the clerk of the court the report, together with the original exhibits and together with any transcript which, at the election and expense of one or more of the parties, may be made of the proceedings and of the evidence before the master. In cases where the reference is without agreement and where the action is to be tried without a jury, when the order of reference so provides, the master shall file with the report and the original exhibits a transcript of the proceedings and of the evidence and the cost of such transcript shall be included in the necessary expenses incurred by the master as provided in Rule 53(a). The clerk shall forthwith mail to all parties notice of the filing.
(2) In Non-Jury Actions. (i) In an action where there has been a reference by agreement, the master’s conclusions of law and findings of fact shall be conclusive unless the order of reference reserves to the parties the right to object to acceptance of the master’s report. If such right is so reserved, the court shall accept the master’s findings of fact unless clearly erroneous. (ii) In any other non-jury action the court shall accept the master’s findings of fact unless clearly erroneous. (iii) Except where the reference is by agreement without reservation of the right to object, any party may, within 21 days after being served with notice of the filing of the report, 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). Except as otherwise provided in this paragraph (2), 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) In Jury Actions. In an action to be tried by a jury the master shall not be directed to report the evidence. The master’s findings upon the issues submitted to the master are admissible as evidence of the matters found and may be read to the jury, subject to the ruling of the court upon any objections in point of law which may be made to the report.
(4) Draft Report. Before filing the master’s report a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
Notes
Reporter’s Notes—2018 Amendment: Rule 53(d) is amended to extend its 20-day time period to 21 days consistent with the simultaneous “day is a day” amendment of V.R.C.P. 6. Rule 53(e) is amended for consistency with F.R.C.P. 53(f)(2).
Reporter’s Notes—2002 Amendment: Rule 53(a) is amended to reflect the abrogation of the District Court Civil Rules and the resulting applicability of the Vermont Rules of Civil Procedure to District Court civil actions. See Reporter’s Notes to simultaneous amendment of Rule 1. Appointment of a master was not permitted in the District Court under the former District Court Civil Rules.
Reporter’s Notes: This rule is taken from Federal Rule 53, with some modifications from the comparable Maine rule. The rule combines in a single measure provisions for reference, previously covered for actions at law by 12 V.S.A. §§ 2041- 2084 (now superseded) and former County Court Rules 18, 48, with provisions for trial to a special master, previously covered for chancery proceedings by 12 V.S.A. §§ 4364-4370 (now superseded) and former Chancery Rules 32, 38, 40, 47, which incorporated much of the procedure for reference at law. See also former Chancery Rule 56. 4 V.S.A. § 216, providing for standing masters in chancery, was repealed effective with promulgation of the rules by Acts of 1969, No. 129, § 5. Rule 53(a) makes the single term “master” applicable to any individual exercising the powers conveyed by the rule, however denominated formerly. The rule provides for compensation of a master by the state under the authority of 32 V.S.A. § 1758. Former County Court Rules 18.2 and 48.3, under which costs of continuances or other delays could be imposed upon the parties, are not carried forward. Rule 53(b), taken from the Maine rule, is virtually the equivalent of 12 V.S.A. § 2041 (now superseded). The provision of paragraph (2), limiting the use of reference without agreement, is narrower than the federal rule, which provides for reference in nonjury matters “only when the issues are complicated.” The provision also narrows the scope of reference formerly permitted in chancery under 12 V.S.A. § 4364 (now superseded). The limitations upon the use of reference generally are based on the notion that “Greater confidence in the outcome of the contest and more respect for the judgment of the court arise when the trial is by the judge.” Adventures in Good Eating v. Best Places to Eat, 131 F.2d 809, 815 (7th Cir. 1942). The exception in paragraph (2) for matters of account is consistent with 12 V.S.A. §§ 4251-4258 providing for reference to auditors in actions for an accounting. Reference “provided by law” incorporates statutory provisions for reference to commissioners, such as 12 V.S.A. § 5169 (partition proceedings). Former Chancery Rules 44, 45, providing for reference of a pleading to a master on objection for impertinence or scandal, are not carried forward. See Rule 12(f). Rules 53(c), (d), and (e) are basically consistent with prior Vermont practice. See especially 12 V.S.A. §§ 2042, 2081-2084, 4365-4369 (now superseded); former County Court Rules 18, 48; former Chancery Rule 40. Rule 53(c), taken from the Maine rule, differs from the federal rule in leaving the delineation of the master’s powers entirely to the order of reference. This difference takes account of the fact that undoubtedly the majority of references will be by agreement under Rule 53(b)(1). Rule 53(d) is taken from the federal rule. It gives the master more flexibility as to the form of accounts than did former Chancery Rule 47. Rule 53(e) is similar to the federal rule, but it adopts from the Maine rule alternative provisions for reference by agreement.
Amendment History
Amended Mar. 6, 2002, eff. July 1, 2002; Sept. 20, 2017, eff. Jan. 1, 2018.
Plain-English Summary
Subdivision (a) lets a superior court appoint up to three masters -- a term the rule uses to cover an auditor, referee, or commissioner as well. The state pays the master's compensation and necessary expenses, as fixed by the court. Subdivision (b) draws a sharp line between reference by agreement, which the court may allow whenever the parties consent, and reference without agreement, which the rule treats as the exception rather than the rule. Absent agreement, a jury case can be referred only to examine accounts or vouchers, and a non-jury case only on a showing of some exceptional condition or as otherwise provided by law.
The order of reference itself shapes the master's authority under subdivision (c): it can limit the master to particular issues or tasks, direct the master to take and report evidence only, and set deadlines for hearings and the report. If a party asks, the master must record excluded and admitted evidence the way a court sitting without a jury would under Rule 43(c). Subdivision (d) covers the mechanics of the reference -- the master must set the first meeting within 21 days of the order and proceed with reasonable diligence, either party can ask the court to speed things along, witnesses can be subpoenaed under Rule 45 and held in contempt for refusing to appear, and the master can set the form for submitted accounting statements.
Subdivision (e) governs the report. The master files it with the clerk, along with exhibits and any transcript a party has paid to have made, and the clerk notifies all parties. What happens next depends on how the reference arose: if it was by agreement and the order didn't reserve a right to object, the master's findings are conclusive; if the order did reserve that right, or the reference arose without agreement in a non-jury case, the court accepts the master's findings unless clearly erroneous, and a party may serve written objections within 21 days of notice of filing. In a jury action, the master cannot be directed to report the evidence at all -- only the findings on the submitted issues, which are admissible and may be read to the jury subject to legal objections. A master may also share a draft report with counsel before filing it, to get their input first.
Frequently Asked Questions
When can a court appoint a master without the parties agreeing to it?
In a jury case, only when an investigation of accounts or an examination of vouchers is required. In a non-jury case, other than matters of account, only on a showing that some exceptional condition requires it or when a reference is otherwise provided by law. Reference without agreement is meant to be the exception, not the rule.
Who pays a master's compensation and expenses?
The state pays the master's compensation and necessary expenses as allowed by the court, with the amount fixed by the court under Rule 53(a).
How soon must the master meet with the parties after being appointed?
Within 21 days after the date of the order of reference, unless the order says otherwise. The master must proceed with reasonable diligence throughout, and either party can ask the court to order the master to speed up the proceedings.
What standard applies when a party objects to a master's findings in a non-jury case?
The court accepts the master's findings of fact unless clearly erroneous -- whether the reference was without agreement, or by agreement with a reserved right to object. If the reference was by agreement without a reserved right to object, the master's findings are conclusive instead.
Can a master's findings be used in a jury trial?
Yes, but differently than in a non-jury case. The master cannot be directed to report the evidence, only findings on the submitted issues, and those findings are admissible and may be read to the jury, subject to the court's ruling on any legal objections to the report.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: special master Vermontreference to mastermaster's report objectionsappointment of masterVRCP 53