Rule 53. Masters

(a) Appointment.
(1) Scope. Unless a statute provides otherwise, the chief judge, at the request of the assigned judge, may appoint a master only to:
(A) perform duties consented to by the parties;
(B) hold trial proceedings and make or recommend findings of fact if appointment 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 the assigned judge.
(2) Disqualification. A master must not have a relationship to the parties, attorneys, action, or assigned judge that would require disqualification of a judge under 28 U.S.C. § 455, unless the parties, with the assigned judge’s approval, consent to the appointment after the master discloses any potential grounds for disqualification.
(3) Possible Expense or Delay. In requesting the appointment of a master, the assigned judge must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.
(b) Order Appointing a Master.
(1) Notice. Before requesting the appointment of a master, the assigned judge must give the parties notice and an opportunity to be heard. Any party may suggest to the assigned judge 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 authority under RCFC 53(c);
(B) the circumstances, if any, in which the master may communicate ex parte with the assigned judge 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 orders, findings, and recommendations; and
(E) the basis, terms, and procedure for fixing the master’s compensation under RCFC 53(g).
(3) Issuing. The assigned judge may request an order appointing a master 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 assigned judge’s approval, waive the disqualification.
(4) Amending. The order appointing a master may be amended by the chief judge at any time upon recommendation of the assigned judge after the assigned judge has given the parties notice and an opportunity to be heard.
(c) Master’s Authority.
(1) In General. Unless the appointing order directs otherwise, a master may:
(A) regulate all proceedings;
(B) take all appropriate measures to perform the assigned duties fairly and efficiently; and
(C) if conducting an evidentiary hearing, exercise the assigned judge’s power to compel, take, and record evidence.
(2) Sanctions. The master may by order impose on a party any noncontempt sanction provided by RCFC 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 assigned judge as required by the appointing order. The master must file the report and promptly serve a copy on each party, unless the assigned judge orders otherwise.
(f) Action on the Master’s Order, Report, or Recommendations.
(1) Opportunity for a Hearing; Action in General. In acting on a master’s order, report, or recommendations, the assigned judge 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 instructions.
(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 20 days after a copy is served, unless the assigned judge sets a different time.
(3) Reviewing Factual Findings. The assigned judge must decide de novo all objections to findings of fact made or recommended by a master, unless the parties, with the assigned judge’s approval, stipulate that:
(A) the findings will be reviewed for clear error; or
(B) the findings of a master appointed under RCFC 53(a)(1)(A) or (C) will be final
(4) Reviewing Legal Conclusions. The assigned judge must decide de novo all objections to conclusions of law made or recommended by a master.
(5) Reviewing Procedural Matters. Unless the appointing order establishes a different standard of review, the assigned judge 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 assigned judge must fix the master’s compensation on the basis and terms stated in the appointing order, but a new basis and terms may be set by the chief judge upon recommendation of the assigned judge after the assigned judge has given the parties 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 assigned judge’s control.
(3) Allocating Payment. The assigned judge 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 reference to a master. An interim allocation may be amended to reflect a decision on the merits.
(h) Appointing a Magistrate Judge. [Not used.]
(As revised and reissued May 1, 2002; as amended July 1, 2004, Nov. 3, 2008.)

Rules Committee Notes
2002 Revision

The text of RCFC 53 as revised on May 1, 2002, and its accompanying Rules Committee Note, may be found at 51 Fed. Cl. LXXXV (2002) or in Westlaw, database USCA03, search CI(RCFC & 53).

2004 Amendment

RCFC 53 adopts the significantly revised text of FRCP 53, effective December 1, 2003, with minor adjustments in language reflecting differences in jurisdiction between this court and the district courts. The principal adjustments in language occur in the introductory text of subdivision (a) which adds the words “the chief judge, at the request of the assigned judge” as an additional qualification to the appointment of a master and in the related text of subdivisions (b)(4) and (h)(1). The distinction between the roles of chief judge and assigned judge is carried through into the subdivisions of the rule where the words “assigned judge” are substituted for the word “court.” The added language addresses the fact that pursuant to 28 U.S.C. § 798(c), the court’s authority to appoint special masters to assist the court in carrying out its functions rests exclusively with the chief judge.

2008 Amendment

The language of RCFC 53 has been amended to conform to the general restyling of the FRCP. This rule does not apply to special masters appointed by the court to resolve Vaccine Act cases covered in Appendix B to these rules.