Rule 53.Masters

Part VI: Trials · Last amended May 1, 2014 · Last verified July 13, 2026

In one sentenceRule 53 lets a court hand off part of a case to a court-appointed master — a referee, auditor, or examiner — to take evidence, hold hearings, or sort out an accounting, and then report back findings the court can adopt, modify, or reject.

Full Text of Rule 53

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

(a) Appointment and compensation. Any or all of the issues in an action may be referred by the court to a master upon the written consent of the parties, or the court may appoint a master in an action, in accordance with the provisions of Subdivision (b) of this rule. As used in these rules the word “master” includes a referee, an auditor, and an examiner. The compensation to be allowed to a master shall be fixed by the court, and 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. The master shall not retain his report as security for his compensation; but when the 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 delinquent party.

(b) Reference. A reference to a master shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account, a reference shall, in the absence of the written consent of the parties, be made only upon a showing that some exceptional condition requires it.

(c) Powers. The order of reference to the master may specify or limit his powers and may direct him 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 him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. He 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 himself 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 the Utah Rules of Evidence for a court sitting without a jury.

(d) 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 21 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. Either 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 his report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.

(2) Witnesses. The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 45. If without adequate excuse a witness fails to appear or give evidence, he may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45.

(3) Statement of accounts. When matters of accounting are in issue before the master, he may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as he directs.

(e) Report.

(1) Contents and filing. The master shall prepare a report upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, he shall set them forth in the report. He shall file the report with the clerk of the court and in an action to be tried without a jury, unless otherwise directed by the order of reference, shall file with it a transcript of the proceedings and of the evidence and the original exhibits. The clerk shall forthwith mail to all parties notice of the filing.

(2) In non-jury actions. In an action to be tried without a jury the court shall 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 serve written objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in Rule 6(d). The court after hearing may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence or may recommit it with instructions.

(3) In jury actions. In an action to be tried by a jury the master shall not be directed to report the evidence. His findings upon the issues submitted to him are admissible as evidence of the matters found and may be read to the jury, subject to the ruling of the court upon any objections in point of law which may be made to the report.

(4) Stipulation as to findings. The effect of a master’s report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a master’s findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.

(5) Draft report. Before filing his report a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.

(f) Objections to appointment of master. A party may object to the appointment of any person as a master on the same grounds as a party may challenge for cause any prospective trial juror in the trial of a civil action. Such objections must be heard and disposed of by the court in the same manner as a motion.

End

Amendment History

Amended effective January 1, 1987; May 1, 2014.

Plain-English Summary

Rule 53 lets a court hand off part of a case to a "master" — the rule's catch-all term for a referee, auditor, or examiner — either because the parties agree to it in writing or because the court decides exceptional circumstances call for outside help. A reference to a master is meant to stay the exception rather than the rule: in jury cases, only when the issues are seriously complicated; in non-jury cases, only for accounting matters or when the parties agree or something unusual requires it.

The order appointing a master can narrow or broaden the master's authority — limiting the master to particular issues, or particular acts, or just taking and reporting evidence. Within those bounds, the master runs the hearings: compelling production of documents, ruling on evidence, swearing in and questioning witnesses, and even calling the parties themselves to testify. The master has to set the first meeting within 21 days of the reference order and move things along with reasonable diligence; either side can ask the court to push a slow master to finish. Witnesses come in the same way they would at trial, through subpoenas under Rule 45, and a witness who won't show up or testify faces contempt consequences under Rules 37 and 45.

When the work is done, the master files a report — findings and conclusions if the order called for them, plus a transcript and exhibits in non-jury cases. In a bench trial, the judge accepts the master's factual findings unless they're clearly erroneous, and any party has 14 days after notice of the filing to object. The judge can then adopt, modify, reject, send back for more evidence, or recommit the report with instructions. In a jury trial, the master doesn't report the underlying evidence — only findings, which come in as evidence and can be read to the jury over any legal objection the court sustains. If the parties stipulated up front that the master's findings would be final, only legal questions about the report survive.

Anyone can object to a particular person being named master, on the same grounds that would support striking a prospective juror for cause, and the court resolves that objection the way it would any other motion.

Frequently Asked Questions

What exactly is a 'master' under Utah's rules?

It's a court-appointed person — the rule also uses this term to mean a referee, auditor, or examiner — who takes evidence, holds hearings, or handles accounting questions on the court's behalf and reports back findings.

When will a Utah court appoint a master?

Rarely, by design. The rule treats a reference to a master as the exception. Courts appoint one when the parties agree in writing, when a jury case involves complicated issues, or in a non-jury case when there's an accounting to do or some exceptional condition that justifies it.

Who pays for the master?

The court sets the master's compensation and decides whether to charge it to the parties or pay it out of funds already in the court's custody. If a party ordered to pay doesn't, the master can get a writ of execution against that party.

Can I object to a specific person being appointed master?

Yes. You can challenge a proposed master on the same grounds you'd use to strike a prospective juror for cause, and the court handles the objection like any other motion.

What happens to the master's findings differently in a jury trial versus a bench trial?

In a bench trial, the master's report — including a transcript and exhibits — goes to the judge, who accepts the findings unless they're clearly erroneous. In a jury trial, the master doesn't report the evidence itself; only the findings come in, and they can be read to the jury subject to legal objections.

Can the parties agree in advance that the master's findings will be final?

Yes. If the parties stipulate that the master's findings of fact are final, the court and any later review are limited to the legal questions raised by the report.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source

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