Rule 53.Masters

Title VI: Alternative Dispute Resolution and Trial · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 53 lets a court appoint a master -- a referee, auditor, or examiner -- to handle complicated matters and report back, and it sets out when a master may be appointed, the master's pay and authority, disqualification, and how the court reviews the master's report.

Full Text of Rule 53

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

(a) Appointment. The court in which any action is pending may appoint a master. Except where these rules are inconsistent with the law, the word "master" includes a referee, a commissioner, an auditor, and an examiner.

(b) Appointment is an exception. In a jury trial, a master must not be appointed unless the issues are complicated. In actions to be tried without a jury a master must not be appointed except to perform an accounting or on a showing that some exceptional condition requires it.

(c) Compensation. The compensation for a master must be set by the court and the court may direct payment by the parties or from a fund or subject matter of the action that is in the control of the court. The master must not retain the report as security for compensation; but when a party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the party.

(d) Disqualification of a master.

(1) In general. Any person appointed as a master must be disqualified on the finding of a relation or a condition that would be grounds for disqualification of a judge for cause as specified in statute or these rules.

(2) Motion practice. At any time within 14 days after receipt of notice of the appointment of a master, any party may object to the qualification of the master by filing a motion to disqualify the master, stating grounds for disqualification. The motion may be supported by affidavit and must be heard and determined by the court in the same manner as other motions. The court may hear testimony on the motion or may determine it on the record, including affidavits filed by the parties or the master.

(e) Authority and duties of a master. The order appointing a master may:

(1) define the authority of the master;

(2) direct the master to report only on particular issues, to do or perform particular acts, or to receive and report evidence only; and

(3) fix the time and place for beginning and closing the hearings and for the filing of the master's report.

Unless the appointing order directs otherwise, a master may:

(1) regulate all proceedings;

(2) take all appropriate measures to perform the assigned duties fairly and efficiently;

(3) if conducting an evidentiary hearing, exercise the appointing court's power to compel, take, and record evidence;

(4) rule on the admissibility of evidence; and

(5) put witnesses on oath and may examine them and may call the parties to the action and examine them on oath.

On request of a party, the master must make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in Rule 103 of the Idaho Rules of Evidence.

(f) Meetings of master. When a master is appointed, the clerk must give the master a copy of the order of appointment. Unless the order provides otherwise, the master must set a time and place for the first meeting of the parties or their attorneys, which must be held within 21 days after the date of the order, and must notify the parties or their attorneys. The master must act promptly and diligently. Either party, on notice to the parties and master may apply for an order requiring the master to speed the proceedings and to make the report. If a party fails to appear at the time and place appointed, the master may proceed without the party or, in the master's discretion, postpone the proceedings to a certain date, giving notice to the parties.

(g) Witnesses. The parties may subpoena witnesses for proceedings before a master as provided in Rule 45. If, without adequate excuse, a witness fails to appear or give evidence, the witness may be sanctioned and is subject to the consequences, penalties, and remedies provided in Rules 37 and 45.

(h) Statement of accounts. When accounting issues are before the master, the master may direct the form of statement of account to be submitted and may require the testimony of a certified public accountant. On objection of a party or if the master finds that the form of a statement is insufficient, the master may require a different form of statement, or the accounts or specific items to be proved by oral testimony or written interrogatories.

(i) Master's report. The master must prepare and file a report of the matters submitted by the court and, if required to make findings of fact and conclusions of law, the master must separately state them in the report. In an action to be tried without a jury, unless otherwise directed by the order of appointment, the master must file with the report a transcript of the proceedings and the original exhibits. The clerk must promptly notify the parties of the filing.

(j) Master's findings in actions without a jury. In an action to be tried without a jury the court must accept the master's findings of fact unless clearly erroneous. Within 14 days after being served with notice of the filing of the report any party may file and serve on the other parties written objections to the report. Any party may file a motion for action on the report. The court, after hearing, may adopt, modify or reject the report in whole or in part, may receive further evidence, or may resubmit the matter to the master with instructions.

(k) Master's finding in jury actions. In an action to be tried by a jury the master must not be required to report the testimony or evidence relied on. The master's findings on the issues submitted are admissible as evidence of the matters found and may be read to the jury, subject to the court's ruling on any legal objections to the report.

(l) Stipulations as to findings of master.

The effect of a master's report is the same whether or not the parties have consented to the appointment; but, when the parties stipulate that a master's findings of fact will be final, only objections about conclusions of law will be considered.

(m) Draft report. Before filing a report a master may submit a draft to the parties for review and comment.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

Rule 53 treats appointing a master as the exception, not the routine practice. In a jury trial, a master can be appointed only when the issues are complicated; in a bench trial, only to handle an accounting or when some exceptional condition requires it. Once appointed, the master's compensation is set by the court and paid by the parties or from a fund under the court's control — the master cannot hold the report hostage over unpaid fees, though a party who ignores a payment order faces a writ of execution. A master faces the same disqualification standards as a judge, and any party has 14 days after notice of the appointment to move to disqualify the master on stated grounds.

The order appointing a master can define the master's authority, limit the assignment to particular issues or acts, and set deadlines for the hearings and the report. Absent contrary instructions, the master can regulate the proceedings, compel and record evidence, rule on admissibility, and put witnesses and parties under oath. The master has to set an initial meeting within 21 days of appointment and act with reasonable speed, and witnesses can be subpoenaed and sanctioned for noncompliance just as in any other proceeding. The master's report gets treated differently depending on the type of case: in a bench trial, the court must accept the master's findings unless clearly erroneous, and any party has 14 days after notice of the filing to object; in a jury trial, the master does not have to report the underlying testimony, and the findings are admissible evidence read to the jury, subject to the court's rulings on any objections. If the parties stipulate that the master's factual findings will be final, only objections to the master's legal conclusions remain open for the court to consider. Before filing, a master may circulate a draft report to the parties for comment.

Frequently Asked Questions

When can an Idaho court appoint a master in a civil case?

In a jury trial, only when the issues are complicated. In a case tried without a jury, only to handle an accounting or when some exceptional condition makes it necessary. Rule 53 treats the appointment as an exception rather than a routine step.

Who pays for a master, and how is the fee set?

The court sets the master's compensation and can direct the parties to pay it or draw it from a fund or property under the court's control in the case. The master cannot withhold the report as leverage for payment, but a party who fails to pay as ordered can face a writ of execution.

Can I object to the person appointed as master?

Yes. Any party has 14 days after receiving notice of the appointment to move to disqualify the master, on the same grounds that would disqualify a judge for cause. The motion can be supported by affidavit, and the court decides it like any other motion.

How does the court review a master's report after a bench trial?

The court must accept the master's findings of fact unless they are clearly erroneous. A party has 14 days after notice that the report was filed to object, and the court can then adopt, modify, or reject the report, take more evidence, or send the matter back to the master with instructions.

Is a master's report treated differently in a jury trial than a bench trial?

Yes. In a jury trial, the master does not have to report the underlying testimony or evidence — the findings themselves are admissible and can be read to the jury, subject to the court's ruling on any legal objections. In a bench trial, the master typically files a full transcript and exhibits along with the findings.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

Also known as: idaho rule 53 mastersappointment of a master idaho civil casemaster disqualification idahoobjecting to master report idaho