Rule 53.01 – Appointment

May 13, 2021 | Civil Procedure, Minnesota

(a) Authority for Appointment. Unless a statute provides otherwise, a court may appoint a master only to:

(1) perform duties consented to by the parties;
(2) hold trial proceedings and make or recommend findings of fact on issues to be decided by the court without a jury if appointment is warranted by

(A) some exceptional condition, or
(B) the need to perform an accounting or resolve a difficult computation of damages; or
(3) address pretrial and post-trial matters that cannot be addressed effectively and timely by an available district judge.
(b) Disqualification. A master must not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge, unless the parties consent with the court’s approval to appointment of a particular person after disclosure of any potential grounds for disqualification.
(c) Expense. In appointing a master, the court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.

Minn. R. Civ. P. 53.01