(a) Appointment. The court may appoint a master, referee, auditor, examiner, assessor, special master, volunteer settlement master, commissioner, or receiver (“a master”) to perform specific acts and/or obtain specific evidence to assist the court. (b) Compensation. A master (except a volunteer settlement master) shall be compensated as determined by the court, and shall be paid out of any fund or subject matter of the action, which is in the custody and control of the court, or by one or more of the parties themselves, as the court may direct. The master shall not retain his or her report as security for 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 master is entitled to a writ of execution against the delinquent party. (c) Reference. A reference to a master shall be made for good cause. A party may move for the appointment of a master. The court may appoint a master on its own initiative after affording the parties an opportunity to be heard. (d) Powers. The order of reference to the master shall specify the master’s powers and duties. It may direct the master to perform particular acts only, or to obtain particular evidence only. (e) Report. The order of reference to a master shall specify the date by which the master’s report shall be completed, served on all parties, and filed with the court. (f) Admission. The written report of a master may be received in evidence if no objection is made; or if objection is made, may be received in evidence provided the person or persons responsible for the report are available for cross-examination as to any matter contained therein. When a report is received in evidence, any party may introduce other evidence supplementing, supporting, modifying, or rebutting the whole or any part of the report. (g) Dismissal of action. An action wherein a master has been appointed shall not be dismissed except by order of the court.
Haw. Fam. Ct. R. 53
Added October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015.
