§ RULE 2-541 MASTERS
RULE 2-541. MASTERS
(a) Appointment--Compensation.
(1) Standing Master. A majority of the judges of the circuit court of a county may appoint a full time or part time standing master and shall prescribe the compensation, fees, and costs of the master. No person may serve as a standing master upon reaching the age of 70 years.
(2) Special Master. The court may appoint a special master for a particular action and shall prescribe the compensation, fees, and costs of the special master and assess them among the parties. The order of appointment may specify or limit the powers of a special master and may contain special directions.
(3) Officer of the Court. A master serves at the pleasure of the appointing court and is an officer of the court in which the referred matter is pending.
(b) Referral of Cases.
(1) Referral of domestic relations matters to a master shall be in accordance with Rule 9-208 and shall proceed only in accordance with that Rule.
(2) On motion of any party or on its own initiative, the court, by order, may refer to a master any other matter or issue not triable of right before a jury.
(c) Powers.Subject to the provisions of any order of reference, a master has the power to regulate all proceedings in the hearing, including the powers to:
(1) Direct the issuance of a subpoena to compel the attendance of witnesses and the production of documents or other tangible things;
(2) Administer oaths to witnesses;
(3) Rule upon the admissibility of evidence;
(4) Examine witnesses;
(5) Convene, continue, and adjourn the hearing, as required;
(6) Recommend contempt proceedings or other sanctions to the court; and
(7) Recommend findings of fact and conclusions of law.
(d) Hearing.
(1) Notice. The master shall fix the time and place for the hearing and shall send written notice to all parties.
(2) Attendance of Witnesses. A party may procure by subpoena the attendance of witnesses and the production of documents or other tangible things at the hearing.
(3) Record. All proceedings before a master shall be recorded either stenographically or by an electronic recording device, unless the making of a record is waived in writing by all parties. A waiver of the making of a record is also a waiver of the right to file any exceptions that would require review of the record for their determination.
(e) Report.
(1) When Filed. The master shall notify each party of the proposed recommendation, either orally at the conclusion of the hearing or thereafter by written notice served pursuant to Rule 1-321. Within five days from an oral notice or from service of a written notice, a party intending to file exceptions shall file a notice of intent to do so and within that time shall deliver a copy to the master. If the court has directed the master to file a report or if a notice of intent to file exceptions is filed, the master shall file a written report with the recommendation. Otherwise, only the recommendation need be filed. The report shall be filed within 30 days after the notice of intent to file exceptions is filed or within such other time as the court directs. The failure to file and deliver a timely notice is a waiver of the right to file exceptions.
(2) Contents. Unless otherwise ordered, the report shall include findings of fact and conclusions of law and a recommendation in the form of a proposed order or judgment, and shall be accompanied by the original exhibits. A transcript of the proceedings before the master need not be prepared prior to the report unless the master directs, but, if prepared, shall be filed with the report.
(3) Service. The master shall serve a copy of the recommendation and any written report on each party pursuant to Rule 1-321.
(f) Entry of Order.
(1) The court shall not direct the entry of an order or judgment based upon the master's recommendations until the expiration of the time for filing exceptions, and, if exceptions are timely filed, until the court rules on the exceptions.
(2) If exceptions are not timely filed, the court may direct the entry of the order or judgment as recommended by the master.
(g) Exceptions.
(1) How Taken. Within ten days after the filing of the master's written report, a party may file exceptions with the clerk. Within that period or within three days after service of the first exceptions, whichever is later, any other party may file exceptions. Exceptions shall be in writing and shall set forth the asserted error with particularity. Any matter not specifically set forth in the exceptions is waived unless the court finds that justice requires otherwise.
(2) Transcript. Unless a transcript has already been filed, a party who has filed exceptions shall cause to be prepared and transmitted to the court a transcript of so much of the testimony as is necessary to rule on the exceptions. The transcript shall be ordered at the time the exceptions are filed, and the transcript shall be filed within 30 days thereafter or within such longer time, not exceeding 60 days after the exceptions are filed, as the master may allow. The court may further extend the time for the filing of the transcript for good cause shown. The excepting party shall serve a copy of the transcript on the other party. Instead of a transcript, the parties may agree to a statement of facts or the court by order may accept an electronic recording of the proceedings as the transcript. The court may dismiss the exceptions of a party who has not complied with this section.
(h) Hearing on Exceptions. The court may decide exceptions without a hearing, unless a hearing is requested with the exceptions or by an opposing party within five days after service of the exceptions. The exceptions shall be decided on the evidence presented to the master unless: (1) the excepting party sets forth with particularity the additional evidence to be offered and the reasons why the evidence was not offered before the master, and (2) the court determines that the additional evidence should be considered. If additional evidence is to be considered, the court may remand the matter to the master to hear the additional evidence and to make appropriate findings or conclusions, or the court may hear and consider the additional evidence or conduct a de novo hearing.
(i) Costs. Payment of the compensation, fees, and costs of a master may be compelled by order of court. The costs of any transcript may be included in the costs of the action and assessed among the parties as the court may direct.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 596 b.
Section (b) is derived in part from former Rule 596 c.
Section (c) is derived in part from former Rule 596 d. Subsections (6) and (7) are new but are consistent with former Rule 596 f 1 and g 2.
Section (d) is in part new and in part derived from former Rule 596 e.
Section (e) is derived from former Rule 596 f.
Section (f) is new.
Section (g) is derived from former Rule 596 h 1, 2, 3 4 and 7 except that subsection 3 (b) of section h of the former Rule is replaced.
Section (h) is derived from former Rule 596 h 5 and 6.
Section (i) is derived from former Rule 596 h 8 and i.