Superior Court Rules Table of Contents
81. Whenever an auditor, master or referee shall be
appointed, the rule shall be issued, the cause tried and the report made, within
such time as the Court may direct therein. If no report shall be made within the
time so limited, the Court may discharge the rule.
If no time is limited by the Court in the rule, the auditor,
master, or referee, having been duly sworn, shall give fourteen days' notice of
the hearing to the attorneys of record in the matter in sufficient season so
that a report may be returned to the next term of Court.
Commissions to auditors, masters, or referees shall be
charged to the plaintiff to be taxed in his bill of costs if he shall prevail.
82. If either party neglects or refuses to appear or to
render an account, or produce any books and papers or answer on oath proper
interrogatories, the auditor, master or referee shall certify the fact to the
court, and the court shall take such action as justice may require.
83. In actions sent to an auditor, master or referee, the
hearing shall proceed according to the rules of law or equity, as the case may
be, and the practice in Court. For the purposes of the hearing before him, the
auditor, master or referee may allow amendments in the same manner and to the
same extent as if the action were tried in Court; and, when amendments are so
allowed, he shall report such facts with reference thereto as will enable the
Court to revise the discretion exercised by him, if either party so requests. He
shall certify the costs of each party before him, and the amount of his own fees
and expenses, and report any facts by him deemed material to the Court in the
determination of the costs.
84. The report of a master, auditor or referee to whom a
matter has been referred will be presented to the Presiding Justice for his
order and thereafter sent to counsel who shall preserve their rights as though
the case were originally heard by a Justice of the Superior Court.
85. If any question of law shall arise at the hearing before
the auditor, master or referee, he shall, at the request of either party, state
in his report such facts appearing in evidence as raise the question, together
with his ruling thereon; and thereupon such order shall be made as justice may
require.
85-A. Before any special master is appointed by agreement of
the parties, there shall be filed with the court statements in writing signed by
each client evidencing that the client understands that he is under no
obligation to accept a special master or to compensate anyone for sitting as
such; that if a special master is appointed each side will bear an equal share
of the cost in the first instance; that if he chooses not to agree to the
appointment of a special master his decision will not be noted in the records of
the court or be made known to the court in any way; and that the decision to
appoint a special master is being made solely for the purposes of its effect on
the scheduling of the case, and on counsel fees to the extent that they may be
affected by scheduling.