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TITLE 28 App. > RULES > VI. > Rule 53
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Rule 53. Masters

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(a) Appointment.
(1) Unless a statute provides otherwise, the chief judge, at the request of the assigned judge, may appoint a master only to:
(A) perform duties consented to by the parties;
(B) hold trial proceedings and make or recommend findings of fact on issues to be decided by the assigned judge if appointment is warranted by
(i) some exceptional condition, or
(ii) the need to perform an accounting or resolve a difficult computation of damages; or
(C) address pretrial and post-trial matters that cannot be addressed effectively and timely by the assigned judge.
(2) A master must not have a relationship to the parties, counsel, action, or assigned judge that would require disqualification of a judge under 28 U.S.C. § 455 unless the parties consent with the court’s approval to appointment of a particular person after disclosure of any potential grounds for disqualification.
(3) In requesting the appointment of a master, the assigned judge must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.
(b) Order Appointing Master.
(1) Notice. The assigned judge must give the parties notice and an opportunity to be heard before a master is appointed. A party may suggest to the assigned judge candidates for appointment.
(2) Contents. The order appointing a master must direct the master to proceed with all reasonable diligence and must state:
(A) the master’s duties, including any investigation or enforcement duties, and any limits on the master’s authority under Rule 53 (c);
(B) the circumstances—if any—in which the master may communicate ex parte with the assigned judge or a party;
(C) the nature of the materials to be preserved and filed as the record of the master’s activities;
(D) the time limits, method of filing the record, other procedures, and standards for reviewing the master’s orders, findings, and recommendations; and
(E) the basis, terms, and procedure for fixing the master’s compensation under Rule 53 (h).
(3) Entry of Order. The assigned judge may request an order appointing a master only after the master has filed an affidavit disclosing whether there is any ground for disqualification under 28 U.S.C. § 455 and, if a ground for disqualification is disclosed, after the parties have consented with the assigned judge’s approval to waive the disqualification.
(4) Amendment. The order appointing a master may be amended by the chief judge at any time upon the recommendation of the assigned judge. The assigned judge may make such a recommendation at any time after the assigned judge has given notice to the parties, and an opportunity to be heard.
(c) Master’s Authority. Unless the appointing order expressly directs otherwise, a master has authority to regulate all proceedings and take all appropriate measures to perform fairly and efficiently the assigned duties. The master may by order impose upon a party any noncontempt sanction provided by RCFC 37 or 45, and may recommend a contempt sanction against a party and sanctions against a nonparty.
(d) Evidentiary Hearings. Unless the appointing order expressly directs otherwise, a master conducting an evidentiary hearing may exercise the power of the assigned judge to compel, take, and record evidence.
(e) Master’s Orders. A master who makes an order must file the order and promptly serve a copy on each party. The clerk must enter the order on the docket.
(f) Master’s Reports. A master must report to the assigned judge as required by the order of appointment. The master must file the report and promptly serve a copy of the report on each party unless the assigned judge directs otherwise.
(g) Action on Master’s Order, Report, or Recommendations.
(1) Action. In acting on a master’s order, report, or recommendations, the assigned judge must afford an opportunity to be heard and may receive evidence, and may: adopt or affirm; modify; wholly or partly reject or reverse; or resubmit to the master with instructions.
(2) Time To Object or Move. A party may file objections to—or a motion to adopt or modify—the master’s order, report, or recommendations no later than 20 days from the time the master’s order, report, or recommendations are served, unless the assigned judge sets a different time.
(3) Fact Findings. The assigned judge must decide de novo all objections to findings of fact made or recommended by a master unless the parties stipulate with the assigned judge’s consent that:
(A) the master’s findings will be reviewed for clear error, or
(B) the findings of a master appointed under RCFC 53(a)(1)(A) or (C) will be final.
(4) Legal Conclusions. The assigned judge must decide de novo all objections to conclusions of law made or recommended by a master.
(5) Procedural Matters. Unless the order of appointment establishes a different standard of review, the assigned judge may set aside a master’s ruling on a procedural matter only for an abuse of discretion.
(h) Compensation.
(1) Fixing Compensation. The assigned judge must fix the master’s compensation before or after judgment on the basis and terms stated in the order of appointment. The chief judge, upon the recommendation of the assigned judge, may set a new basis and terms. The assigned judge may make such a recommendation after the assigned judge has given notice to the parties and an opportunity to be heard.
(2) Payment. The compensation fixed under RCFC 53(h)(1) must be paid either:
(A) by a party or parties; or
(B) from a fund or other subject matter of the action within the assigned judge’s control.
(3) Allocation. The assigned judge must allocate payment of the master’s compensation among the parties after considering the nature and amount of the controversy, the means of the parties, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits.
(i) Appointment of Magistrate Judge. [Not used.]
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Parallel authorities (CFR)

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