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CR 53.04 Proceedings

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VI Trials
CR 53. Master Commissioners of Circuit Courts
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 53.04
CR 53.04 Proceedings
(1) Meetings. When a reference is made other than automatic references provided by local rules of court, the clerk shall forthwith furnish the master commissioner with a copy of the order of reference. Upon receipt thereof unless he or she otherwise provides, 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 notify the parties or their attorneys. It is the duty of the master commissioner to proceed with all 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 report. If a party fails to appear at the time and place appointed, the master commissioner may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(2) Witnesses. The parties may procure the attendance of witnesses before the master commissioner by the issuance and service of subpoenas as provided in Rule 45. If without adequate excuse a witness fails to appear or give evidence, he may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45.
(3) 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 and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master commissioner may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as he or she directs.


HISTORY: Amended and renumbered by Order 2010-09, eff. 1-1-11; prior amendment eff. 1-1-89 (Order 88-7); adopted eff. 1-1-78
Rules Civ. Proc., Rule 53.04, KY ST RCP Rule 53.04
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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