(a) APPOINTMENT.
(1) Scope. Unless a statute provides otherwise, a court may
appoint a master only to:
(A) perform duties consented to by the parties;
(B) hold trial proceedings and make or recommend find-
ings of fact on issues to be decided without a jury if ap-
pointment 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 posttrial matters that cannot be
effectively and timely addressed by an available district
judge or magistrate judge of the district.
(2) Disqualification. A master must not have a relationship to
the parties, attorneys, action, or court that would require dis-
qualification of a judge under 28 U.S.C. §
455, unless the par-
ties, with the court’s approval, consent to the appointment
after the master discloses any potential grounds for disquali-
fication.
(3) Possible Expense or Delay. In appointing a master, the
court must consider the fairness of imposing the likely ex-
penses on the parties and must protect against unreasonable
expense or delay.
(b) ORDERAPPOINTINGAMASTER.
(1) Notice. Before appointing a master, the court must give
the parties notice and an opportunity to be heard. Any party
may suggest candidates for appointment.
(2) Contents. The appointing order 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 au-
thority under Rule 53(c);
(B) the circumstances, if any, in which the master may
communicate ex parte with the court 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 or-
ders, findings, and recommendations; and
(E) the basis, terms, and procedure for fixing the mas-
ter’s compensation under Rule 53(g).
(3) Issuing. The court may issue the order only after:
(A) the master files an affidavit disclosing whether there
is any ground for disqualification under 28 U.S.C. §
455; and
(B) if a ground is disclosed, the parties, with the court’s
approval, waive the disqualification.
(4) Amending. The order may be amended at any time after
notice to the parties and an opportunity to be heard.
(c) MASTER’SAUTHORITY.
(1) In General. Unless the appointing order directs otherwise,
a master may:
(A) regulate all proceedings;
(B) take all appropriate measures to perform the as-
signed duties fairly and efficiently; and
(C) if conducting an evidentiary hearing, exercise the ap-
pointing court’s power to compel, take, and record evi-
dence.
(2) Sanctions. The master may by order impose on a party
any noncontempt sanction provided by Rule 37 or 45, and may
recommend a contempt sanction against a party and sanctions
against a nonparty.
(d) MASTER’S ORDERS. A master who issues an order must file it
and promptly serve a copy on each party. The clerk must enter
the order on the docket.
(e) MASTER’S REPORTS. A master must report to the court as re-
quired by the appointing order. The master must file the report
and promptly serve a copy on each party, unless the court orders
otherwise.
(f) ACTION ON THE MASTER’S ORDER, REPORT, OR RECOMMENDA-
TIONS.
(1) Opportunity for a Hearing; Action in General. In acting on
a master’s order, report, or recommendations, the court must
give the parties notice and an opportunity to be heard; may
receive evidence; and may adopt or affirm, modify, wholly or
partly reject or reverse, or resubmit to the master with in-
structions.
(2) Time to Object or Move to Adopt or Modify. A party may file
objections to—or a motion to adopt or modify—the master’s
order, report, or recommendations no later than 21 days after
a copy is served, unless the court sets a different time.
(3) Reviewing Factual Findings. The court must decide de
novo all objections to findings of fact made or recommended
by a master, unless the parties, with the court’s approval,
stipulate that:
(A) the findings will be reviewed for clear error; or
(B) the findings of a master appointed under Rule
53(a)(1)(A) or (C) will be final.
(4) Reviewing Legal Conclusions. The court must decide de
novo all objections to conclusions of law made or rec-
ommended by a master.
(5) Reviewing Procedural Matters. Unless the appointing order
establishes a different standard of review, the court may set
aside a master’s ruling on a procedural matter only for an
abuse of discretion.
(g) COMPENSATION.
(1) Fixing Compensation. Before or after judgment, the court
must fix the master’s compensation on the basis and terms
stated in the appointing order, but the court may set a new
basis and terms after giving notice and an opportunity to be
heard.
(2) Payment. The compensation must be paid either:
(A) by a party or parties; or
(B) from a fund or subject matter of the action within
the court’s control.
(3) Allocating Payment. The court must allocate payment
among the parties after considering the nature and amount of
the controversy, the parties’ means, and the extent to which
any party is more responsible than other parties for the ref-
erence to a master. An interim allocation may be amended to
reflect a decision on the merits.
(h) APPOINTING A MAGISTRATE JUDGE. A magistrate judge is sub-
ject to this rule only when the order referring a matter to the
magistrate judge states that the reference is made under this rule.