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KENTUCKY
RULES OF CIVIL PROCEDURE CR 53.01 APPOINTMENTS; DEPUTIES Each circuit court may appoint a master commissioner and a receiver as authorized by statute. Other commissioners, deputy commissioners, receivers, and their assistants may be appointed only upon express authority of the Chief Justice. A commissioner or deputy commissioner shall hold no other public office of the Court of Justice except a commissioner or deputy commissioner may also serve as a trial commissioner for the district court pursuant to SCR 5.010. Master Commissioners appointed after January 1, 1989, shall be qualified as attorneys. [Amended by Order 90-1, eff. 9-15-90; prior amendments eff. 1-1-89, 1-1-80; adopted eff. 1-1-78] CR 53.02 JUDICIAL SALES; SETTLEMENTS; RECEIVERSHIPS; QUALIFICATIONS OF COMMISSIONER (1) Judicial sales under order or judgment of the circuit court may be executed and accounts of estates may be settled by a commissioner under such terms and conditions as are specified by the circuit court either in its order or judgment or by rule. A commissioner may act as a receiver under terms and conditions likewise specified by the circuit court. A commissioner may draft and execute such instruments as are necessary to complete any responsibility. A commissioner performing any of these functions and appointed after December 31, 1977, shall be qualified as an attorney or experienced as a fiduciary. The commissioner shall serve notice of the date, time and place of the judicial sale upon every party who is not in default for failure to appear. (2) Civil matters pertaining to bills of discovery of assets of judgment debtors and claim and delivery may be referred to a commissioner who shall be qualified as an attorney. (3) All other references to commissioners shall be warranted only in special cases. 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 account involving complex or numerous transactions, or similar exceptional circumstances. A commissioner performing this function shall be qualified as an attorney. [Amended by Order 89-1, eff. 8-28-89; prior amendment eff. 1-1-89; adopted eff. 1-1-78] CR 53.03 DOMESTIC RELATIONS COMMISSIONERS (1) A domestic relations commissioner may be appointed for each circuit by the chief circuit judge. If qualified and available one person should be the master commissioner for a county and the domestic relations commissioner for the circuit. Other commissioners, deputies and assistants may be appointed only upon express authority of the Chief Justice. (2) Each domestic relations commissioner and deputy shall have been licensed to practice law for at least eight years at the time of appointment unless otherwise authorized by the Chief Justice and shall satisfy the annual continuing legal education minimum requirement with domestic relations law education. Additionally, each domestic relations commissioner shall attend, at least once every two years, a training program which focuses on the dynamics and effects of domestic violence including the availability of community resources, victims' services and reporting requirements. Part time domestic relations commissioners and deputies shall not otherwise engage in the practice of domestic relations law. Full time domestic relations commissioners and deputies shall not otherwise engage in the practice of law. (3) The local rules of each circuit court may provide for the referral to the domestic relations commissioner of domestic relations matters, including: contested and uncontested matters arising from actions for the dissolution of marriage, child custody, support and maintenance under KRS Chapter 403, except that incarceration resulting from a finding of contempt shall be imposed only after a hearing before the court, at which time the court shall permit additional evidence and shall give the party charged with contempt an opportunity to purge himself of such contempt. Proceedings for restraining orders and injunctions shall be heard only by the court. Local Rules providing for the referral of domestic relations matters to the domestic relations commissioner shall include specific standards for the prompt disposition of all matters before the commissioner. (4) The domestic relations commissioner shall have the authority to make recommendations to the judge regarding motions for temporary orders of custody, support and maintenance. All temporary and final decrees and orders shall be entered by the court upon review of the report of the domestic relations commissioner. (5) The domestic relations commissioner shall hear all matters promptly. Testimony may be heard orally before the commissioner or by deposition or interrogatory. All actions involving indigents shall be heard by the commissioner without fee. Proceedings before the commissioner shall be reported, or recorded on audiotape or videotape. (6) Local rules relating to domestic relations commissioners shall be approved by the Chief Justice and uniform in all divisions of circuit court within each county of each circuit. [Amended by Order 96-1, eff. 1-1-97; prior amendment eff. 1-1-89; adopted eff. 1-1-78] CR 53.04 POWERS An order of reference to a commissioner or local rules of court may specify or limit his powers and may direct him to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the commissioner's report. Subject to the specifications and limitations stated in the order or local rules of court, the commissioner has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order or local rules of court. He may require the production before him of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. He may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may himself examine them and may call the parties to the action and examine them upon oath. When a party so requests, the commissioner shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in Rule 43.10 for a court sitting without a jury. [Amended by Order 88-7, eff. 1-1-89; adopted eff. 1-1-78; CR 53.04, formerly compiled as CR 53.02, transferred eff. 1-1-78; adopted eff. 7-1-53; formerr CR 53.04 transferred to CR 53.06, eff. 1-1-78.] CR 53.05 PROCEEDINGS (1) Meetings. When a reference is made other than automatic references provided by local rules of court, the clerk shall forthwith furnish the commissioner with a copy of the order of reference. Upon receipt thereof unless he otherwise provides, the 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 commissioner to proceed with all reasonable diligence. Either party, on notice to the parties and 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 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 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 commissioner, he 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 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 directs. [Amended by Order 88-7, eff. 1-1-89; adopted eff. 1-1-78] CR 53.06 REPORT (1) Contents and filing. The commissioner shall prepare a report of recommendations to the court upon the matters submitted by the order of reference or local rules of court and, if required to make findings of fact and conclusions of law, the commissioner shall set them forth in the report and shall file the report and sufficient copies for all parties with the clerk of the court. The clerk shall forthwith serve the report and notice of the filing upon all parties who have appeared in the action. A transcript of reported proceedings may be ordered by any party at that party’s expense. In the case of proceedings recorded on videotape the untranscribed tape shall constitute the official record. [Amended by Order 2000-1, eff 2/1/2001;] (2) Action on report. Except in pendente lite matters, within 10 days after being served with 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, or may modify it, or may reject it in whole or in part, or may receive further evidence, or may recommit it with instructions. (3) Stipulation as to findings. The effect of a commissioner's report is the same whether or not the parties have consented to the reference, but, when the parties stipulate that a commissioner's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered. (4) Draft report. Before filing his report a commissioner may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions. (5) Report as security. The commissioner shall not retain his report as security for his compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the commissioner is entitled to a writ of execution against the delinquent party. (6) The report shall be promptly acted upon by the court. [Amended by Order 95-1, eff. 11-1-95; prior amendment eff. 1-1-89; adopted eff. 1-1-78; CR 53.06, formerly compiled as CR 53.04, transferred eff. 1-1-78; adopted eff. 7-1-53] CR 53.07 COMPENSATION The compensation of commissioners shall be by fee charged upon such of the parties or paid out of any fund or subject matter of the action which is in the custody or control of the circuit court. Deputies and other assistants of commissioners shall be compensated and office expenses shall be paid from the fees of the office. Rates of compensation shall be in accordance with a schedule or schedules established by the Supreme Court. [Amended by Order 88-7, eff. 1-1-89; adopted eff. 1-1-78] CR 53.08 LIMIT ON COMPENSATION All domestic relations commissioners shall be limited in their total personal compensation derived from fees to not more than $48,000 per annum unless approved by the Chief Justice, and all master commissioner’s shall be limited in their total personal compensation derived from fees to not more than $48,000 per annum, unless approved by the Chief Justice. Where the master commissioner also serves as the domestic relations commissioner the total personal compensation shall not exceed $72,000 per annum unless a higher amount is approved by the Chief Justice. Fees in excess of the personal compensation of the commissioner and office expenses and salaries shall be remitted as provided in Rule 53.09, however, anticipated three (3) months expenses may be retained. [Amended by Order 2000-1, eff 2/1/2001;Amended by Order 88-7, eff. 1-1-89; adopted eff. 1-1-78] CR 53.09 ACCOUNTING (1) Each commissioner shall account to the circuit judge under whose direction he or she is acting, for all amounts received and distributed, for all proceeds of sales disbursed, and for all fees collected. These accounts shall be in the manner directed by the circuit judge who shall approve the accounts by his or her signature. The commissioner shall file the approved accounts with the circuit clerk who shall include them with the applicable case file. Each commissioner shall maintain a current record, kept in the office of the circuit clerk, or in the office of the commissioner if the Chief Circuit Judge so directs, of each case in which a fee has been received. [Amended by Order 2000-1, eff 2/1/2001] (2) Each commissioner shall annually provide to the finance and administration cabinet a complete accounting for all amounts received and distributed and for all fees collected. Excess fees referred to in Rule 53.08 shall be remitted with the report and may be added to the existing surplus. A copy of this report shall at the same time be provided to the Administrative Office of the Courts. [Amended by Order 88-7, eff. 1-1-89; adopted eff. 1-1-78]
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