RULE 6.5 MASTERS
Effective Date: 3/1/2005
Obsolete Date: 3/1/2005
(a) Closing of Proofs Before Master.
(1) Time Fixed by Court. Upon reference to a master to take testimony, the court upon the motion of any party shall fix a time within which each party shall close proofs. By stipulation of the parties or by order of the master upon good cause shown, the time so fixed may be extended for not more than ten days for either party. Further extensions may be granted upon order of court.
(2) Time Fixed by Master. If no time is fixed by the court for closing of proofs, the master upon motion of any party shall fix a time within which each party shall close proofs. Upon good cause shown, the master may extend the time so fixed. If a party fails to close proofs within the time fixed, the master may proceed as if proof had been closed.
(b) Fees.
(1) Stenographer's Affidavit. The master's certificate of stenographer's fees must be accompanied by an affidavit of the stenographer who transcribed the testimony stating the actual number of words per page in the transcript of testimony and the rate per folio actually charged for the reporting and transcription.
(2) Taxing Fees. Master's and stenographer's fees may be taxed against a party who occasions any improper proceedings before the master not warranted by the interests of justice or by the rights of the parties.
(3) Disallowance. The court in its discretion may disallow master's fees in whole or in part in respect to any improper proceedings or failure to make a timely report occasioned by the fault of the master.
(c) Master's Rulings on Evidence.
(1) Ruling. The master shall rule upon all objections concerning the admissibility of evidence or propriety of questions put by the attorneys at the time the objections are made.
(2) Review of Exclusion. A master's ruling excluding offered evidence must be reviewed by the court upon the motion of the aggrieved party before the master files his report and after the closing of proofs. If the court sustains the ruling, the master shall proceed to make his report upon the evidence admitted by him. If the court finds the ruling erroneous, the master shall take further evidence as the court directs.
(3) Review of Admission. A master's ruling admitting evidence over objection must be reviewed by the court upon the motion of the aggrieved party after the closing of proofs but not later than the hearing by the court of exceptions to the report.
(4) Interlocutory Review. Upon motion made in good faith and a showing that good cause for immediate review exists, the court may order the master to certify the question of his ruling on evidence to the court for review before the closing of proofs.
(5) Motion to Dismiss. The master shall rule upon a motion to dismiss made at the close of the plaintiff's case.
(d) Accounting Before Masters. A party ordered to render an accounting shall file with the master at the time directed a statement of his account in the form of debits and credits.
(e) Abstracts of Evidence Received by Masters. For a hearing on exceptions to a master's report on a reference to take testimony and report conclusions, the court may order the excepting party to prepare and file an abstract of the testimony and may fix the time for the filing thereof.The excepting party shall serve upon the opposing attorney a copy of the abstract.