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AP IV, Sec. 7 Master Commissioner's Report in Special Proceedings

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. 7
AP IV, Sec. 7 Master Commissioner's Report in Special Proceedings
(1) Contents and filing of reporting in special proceedings or other mandated referrals. The master commissioner shall prepare a report to the court upon the matters submitted by the order of reference or local rules of court and shall file the report and sufficient copies for all parties with the circuit court clerk. The clerk shall forthwith serve the report and notice of the filing upon all parties. A transcript of reported proceedings may be ordered by any party at that party's expense. If special proceedings or other mandated referrals are recorded on video, the untranscribed video recording shall constitute the official record.
(2) Action on report in special proceedings. In special proceedings, within 10 days after being served with the 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 CR 6.04. The court after hearing may adopt the report, modify it, reject it in whole or in part, receive further evidence, or recommit it with instructions.
(3) Stipulation as to findings in special proceedings. The effect of a master commissioner's report is the same whether or not the parties have consented to the order of reference, but, when the parties stipulate that a master commissioner's report shall be final, only questions of law arising upon the report shall thereafter be considered.
(4) Draft report of special proceedings. Before filing the report, a master commissioner may submit a draft thereof to counsel for all parties for the purpose of receiving their comments.
(5) Report as security in special proceedings. The master commissioner shall not retain the report as security for compensation. If the party ordered to pay the compensation does not pay it after notice and within the time prescribed by the court, the master commissioner is entitled to a writ of execution.


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. 7, KY ST ADMIN P AP IV, Sec. 7
Current with amendments received through August 1, 2020.
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