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AP IV, Sec. 6 Special Proceedings of the Master Commissioner

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part IV. Master Commissioners of the Circuit Court (Refs & Annos)
Administrative Procedures, AP IV, Sec. 6
AP IV, Sec. 6 Special Proceedings of the Master Commissioner
(1) References. References to master commissioners for special proceedings shall be warranted only in special cases and in cases where such reference is mandated by statute or rule of court. Cases may be regarded as special due to complexity of issues, damages which are difficult to calculate, a multiplicity of claims the priority of which must be established, matters of accounting involving complex or numerous transactions, or similar exceptional circumstances.
(2) Meetings. When an order of reference is made the circuit court clerk shall forthwith furnish the master commissioner and all parties not in default with a copy of the order of reference. Upon receipt, the master commissioner shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within 20 days after the date of the order of reference and shall provide notice. It is the duty of the commissioner to proceed with reasonable diligence. Either party, on notice to the parties and master commissioner, may apply to the court for an order requiring the commissioner to speed the proceedings and to make his or her report. If a party fails to appear at the time and place appointed, the master commissioner may proceed ex parte or adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(3) Witnesses. In special proceedings, the parties may procure the attendance of witnesses before the master commissioner by the issuance and service of subpoenas as provided in CR 45. If, without good cause shown, a witness fails to appear or give evidence, he or she may be held in contempt and be subject to the provisions of CR 37 and CR 45.
(4) Statement of Accounts. When matters of accounting are in issue before the master commissioner, he or she may prescribe the form in which the accounts shall be submitted. Upon objection of a party to any accounting, the master commissioner may require a different form of statement to be furnished, or take testimony, or receive written interrogatories.


HISTORY: Renumbered and amended by Order 2015-25, eff. 1-1-16; prior amendments eff. 1-1-12 (Order 2011-08), 1-1-11 (Order 2010-10), 7-1-06 (Order 2006-07), 3-1-06 (Order 2006-04), 7-1-04 (Order 2004-2); adopted by Order 2003-5, eff. 1-1-04
Administrative Procedures, AP IV, Sec. 6, KY ST ADMIN P AP IV, Sec. 6
Current with amendments received through August 1, 2020.
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