Rule 68.03.Masters in Appellate Courts.

Part I · Rule 68: Masters and Receivers · Last amended January 1, 1994 · Last verified July 22, 2026

In one sentenceRule 68.03 lets an appellate court appoint a master and sets out the same qualifications, oath, and powers as the circuit-court version, but gives the master the job of ruling on exceptions to its report before the case is docketed for hearing.

Full Text of Rule 68.03

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Appointment and Compensation. Each appellate court in which any action is pending may appoint a master therein. The compensation to be allowed to a master shall be charged upon such of the parties, or paid out of any fund or subject matter of the action which is in the custody and control of the court, as the court may direct.

(b) Qualifications of Master. No person shall be appointed a master who is of kin to either party or is interested in the outcome of the action.

(c) Oath of Master. Before proceeding to hear any testimony in the action, a master shall take and subscribe an oath, before some officer duly authorized to administer an oath, faithfully to hear and examine the matters at issue and to make a just, impartial and true report.

(d) 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. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before the master and to do all acts and take all measures necessary or proper for the efficient performance of the duties under the order. The master may require the production of evidence upon all matters embraced in the reference. The master may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may examine them and may call the parties to the action and examine them upon oath. 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 73.01(a) for a court sitting without a jury.

(e) 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 thirty 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. Any 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 the report. If a party fails to appear at the time and place appointed, the master may proceed or, in the master’s discretion, adjourn the proceedings to a future day, giving notice thereof to the absent party.

(2) Witnesses. The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas issued by the clerk of the appointing court. The failure of any person to comply with the requirements of any subpoena issued as herein provided shall be reported promptly to the court issuing the subpoena.

(f) Report. The master shall prepare a report upon the matters submitted by the order of reference and, if required to make findings of fact and conclusions of law, they shall be set forth in the report. The master shall file the report with the clerk of the court together with a transcript of the proceedings including the evidence and exhibits, if any. The clerk shall forthwith mail to all parties notice of the filing and a copy of the master’s report.

(g) Exceptions. Any party may, but is not required to, file exceptions to the report to be ruled upon by the master. The master may amend findings of fact or make new findings of fact and conclusions of law. Exceptions shall not be permitted to any revised report by the master. The exceptions shall be filed not later than thirty days after the filing of the report by the master. If the exceptions are not passed on by the master within thirty days after filing, they are deemed denied for all purposes. The filing of exceptions with the master shall not preclude any party from alleging or asserting any point in the appellate court.

(h) Docketing. After there has been a ruling on exceptions to the report of the master, or if no exceptions are filed after the expiration of thirty days from the time the master’s report was filed, the case shall be docketed for hearing in the appellate court.

End

Amendment History

Adopted Feb. 1, 1972, eff. Sept. 1, 1972. Amended June 1, 1993, eff. Jan. 1, 1994; Amended Sept. 28, 1993, eff. Jan. 1, 1994.

Plain-English Summary

Rule 68.03 mirrors Rule 68.01's circuit court master provisions for use in the appellate courts. The same core protections apply: no one related to a party or interested in the outcome can serve, the master must take an oath to hear the matter impartially, and the order of reference can define the master's powers over hearings, evidence, and witnesses. Meetings, witness subpoenas, and the master's report follow the same basic pattern as in the circuit court rule.

The appellate version diverges at the review stage. Instead of the parties filing objections that the court resolves, a party may — but isn't required to — file exceptions to the report, and the master itself rules on those exceptions, amending findings or making new ones as needed. Once the master has acted on a revised report, no further exceptions to that revised report are allowed. Exceptions must be filed within thirty days of the report being filed, and if the master hasn't passed on them within thirty days, they're deemed denied for all purposes.

Filing exceptions with the master doesn't foreclose a party from raising the same point in the appellate court itself. Once exceptions are ruled on, or the thirty-day period passes without any being filed, the case is docketed for hearing in the appellate court.

Frequently Asked Questions

How does the exceptions process for an appellate master differ from objections to a circuit court master's report?

Under Rule 68.03, the master itself rules on any exceptions a party files to its report, instead of the court resolving objections as under Rule 68.01.

Who rules on exceptions to an appellate master's report?

The master, who may amend findings of fact or make new findings and conclusions of law in response.

What happens if the master doesn't rule on exceptions within thirty days?

The exceptions are deemed denied for all purposes.

Can a party raise the same issue in the appellate court after not succeeding on exceptions before the master?

Yes, filing exceptions with the master doesn't preclude a party from alleging or asserting the same point in the appellate court.

When is the case docketed for hearing in the appellate court?

After a ruling on exceptions, or, if none are filed, after the thirty-day period from the report's filing has expired.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source

Also known as: appellate court masterexceptions to master reportmaster docketing appealmaster ruling on its own exceptionsappellate reference to a master