60-253.Trial by masters.(a) Appointment and compensation. As used in this chapter the word"master" includes a referee, an auditor, a commissioner and an examiner.The compensation to be allowed to a master shall be fixed by the court, andshall be charged upon such of the parties or paid out of any fund orsubject matter of the action, which is in the custody and control of thecourt as the court may direct. The master shall not retainsuch master's report assecurity for such master's compensation. When the party ordered topay thecompensation allowed by the court does not pay it after notice and withinthe time prescribed by the court, the master is entitled to a writ ofexecution against the delinquent party. The master must be sworn oraffirmed well and faithfully to hear and examine the cause, and to make a justand true report therein, according to the best of the master's understanding.The oath may be administered by any person authorized to take depositions.
(b) Reference. With the consent of the parties, all or any issuesof fact or law or both may be referred to a master. Otherwise, the judgemay order a reference only on a finding that the ends of justice will bemeasurably advanced thereby, and, in a case triable to a jury, only on suchissues as involve an examination of complex or voluminous accounts.
(c) Powers. The order of reference to the master may specify orlimitthe master's powers and may direct such master toreport only upon particularissues or to do or perform particular acts or to receive and report evidenceonly and may fix the time and place for beginning and closing the hearings andfor the filing of the master's report. Subject to the specifications andlimitations stated in the order, the master has and shall exercise the powerto regulate all proceedings in every hearing before suchmaster and to do allacts and take all measures necessary or proper for the efficient performanceof such master's duties under the order. The mastermay require the productionbefore such master of evidence upon all mattersembraced in the reference,including the production of all books, papers, vouchers, documents, andwritings applicable thereto. The master may rule upon the admissibility ofevidence unless otherwise directed by the order of reference and has theauthority to put witnesses on oath and may examine them and may call theparties to the action and examine them upon oath. When a party so requests,the master shall make a record of the evidence offered and excluded in thesame manner and subject to the same limitations as provided in subsection(c) of K.S.A.60-243, and amendments thereto, for a court sitting without ajury.
(d) Proceedings. (1) Meetings. When a reference ismade, theclerk shall forthwith furnish the master with a copy of the order ofreference. Upon receipt thereof unless the order of reference otherwiseprovides, the master shall forthwith set a time and place for the firstmeeting of the parties or their attorneys to be held within20days after the date of the order of reference and shall notify the partiesor their attorneys. It is the duty of the master to proceed with allreasonable diligence. Either party, on notice to the parties and master, mayapply to the court for an order requiring the master to speed the proceedingsand to make the master's report. If a party fails toappear at the time andplace appointed, the master may proceed ex parte or, in the master'sdiscretion, adjourn the proceedings to a future day, giving notice to theabsent party of the adjournment.
(2) Witnesses. The parties may procure the attendance of witnessesbefore the master by the issuance and service of subpoenas as provided inK.S.A. 60-245, and amendments thereto. If without adequate excuse awitness fails to appear or giveevidence, he or she may be punished as for a contempt and be subjected to theconsequences, penalties, and remedies provided in K.S.A. 60-237 and 60-245,and amendments thereto.
(3) Statement of accounts. When matters of accounting are in issuebefore the master, the master may prescribe the form inwhich the accountsshall be submitted and in any proper case may require or receive in evidence astatement by a certified public accountant who is called as a witness. Uponobjection of a party to any of the items thus submitted or upon a showingthat the form of statement is insufficient, the master may require adifferent form of statement to be furnished, or the accounts or specificitems thereof to be proved by oral examination of the accounting parties orupon written interrogatories or in such other manner as themaster directs.
(e) Report. (1) Contents and filing. The master shallpreparea report upon the matters submitted to the master bythe order of referenceand, if required to make findings of fact and conclusions of law, themastershall set them forth in the report. The master shall file the report with theclerk of the court and in an action to be tried without a jury, unlessotherwise directed by the order of reference, shall file with it a transcriptof the proceedings and of the evidence and the original exhibits. The clerkshall forthwith mail to all parties notice of the filing.
(2) In nonjury actions. In an action to be tried without a jurythecourt shall accept the master's findings of fact unless clearly erroneous.Within 10 days after being served with notice of thefiling of thereport any party may serve written objections thereto upon the otherparties. Application to the court for action upon the report and uponobjections thereto shall be by motion and upon notice as prescribed insubsection (c) ofK.S.A. 60-206, and amendments thereto. The court afterhearing may adopt the report or maymodify it or may reject it in whole or in part or may receive furtherevidence or may recommit it with instructions.
(3) In jury actions. In an action to be tried by a jury the mastershall not be directed to report the evidence unless required by the court.If the master is available for cross-examination, themaster's findings upon theissues submitted to the master are admissible asevidence of the matters foundand may be read to the jury, subject to the ruling of the court upon anyobjections in point of law which may be made to the report.
(4) Stipulation as to findings. The effect of a master's report isthe same whether or not the parties have consented to the reference.When the parties stipulate that a master's findings of fact shall be final,only questions of law arising upon the report shall thereafter beconsidered.
(5) Draft report. Before filing themaster's report, a master maysubmit a draft thereof to counsel for all parties for the purpose ofreceiving their suggestions.
History: L. 1963, ch. 303, 60-253;L. 2007, ch. 190, § 17; July 1.
60-253.Trial by masters.(a) Appointment and compensation. As used in this chapter the word"master" includes a referee, an auditor, a commissioner and an examiner.The compensation to be allowed to a master shall be fixed by the court, andshall be charged upon such of the parties or paid out of any fund orsubject matter of the action, which is in the custody and control of thecourt as the court may direct. The master shall not retainsuch master's report assecurity for such master's compensation. When the party ordered topay thecompensation allowed by the court does not pay it after notice and withinthe time prescribed by the court, the master is entitled to a writ ofexecution against the delinquent party. The master must be sworn oraffirmed well and faithfully to hear and examine the cause, and to make a justand true report therein, according to the best of the master's understanding.The oath may be administered by any person authorized to take depositions.
(b) Reference. With the consent of the parties, all or any issuesof fact or law or both may be referred to a master. Otherwise, the judgemay order a reference only on a finding that the ends of justice will bemeasurably advanced thereby, and, in a case triable to a jury, only on suchissues as involve an examination of complex or voluminous accounts.
(c) Powers. The order of reference to the master may specify orlimitthe master's powers and may direct such master toreport only upon particularissues or to do or perform particular acts or to receive and report evidenceonly and may fix the time and place for beginning and closing the hearings andfor the filing of the master's report. Subject to the specifications andlimitations stated in the order, the master has and shall exercise the powerto regulate all proceedings in every hearing before suchmaster and to do allacts and take all measures necessary or proper for the efficient performanceof such master's duties under the order. The mastermay require the productionbefore such master of evidence upon all mattersembraced in the reference,including the production of all books, papers, vouchers, documents, andwritings applicable thereto. The master may rule upon the admissibility ofevidence unless otherwise directed by the order of reference and has theauthority to put witnesses on oath and may examine them and may call theparties to the action and examine them upon oath. When a party so requests,the master shall make a record of the evidence offered and excluded in thesame manner and subject to the same limitations as provided in subsection(c) of K.S.A.60-243, and amendments thereto, for a court sitting without ajury.
(d) Proceedings. (1) Meetings. When a reference ismade, theclerk shall forthwith furnish the master with a copy of the order ofreference. Upon receipt thereof unless the order of reference otherwiseprovides, the master shall forthwith set a time and place for the firstmeeting of the parties or their attorneys to be held within20days after the date of the order of reference and shall notify the partiesor their attorneys. It is the duty of the master to proceed with allreasonable diligence. Either party, on notice to the parties and master, mayapply to the court for an order requiring the master to speed the proceedingsand to make the master's report. If a party fails toappear at the time andplace appointed, the master may proceed ex parte or, in the master'sdiscretion, adjourn the proceedings to a future day, giving notice to theabsent party of the adjournment.
(2) Witnesses. The parties may procure the attendance of witnessesbefore the master by the issuance and service of subpoenas as provided inK.S.A. 60-245, and amendments thereto. If without adequate excuse awitness fails to appear or giveevidence, he or she may be punished as for a contempt and be subjected to theconsequences, penalties, and remedies provided in K.S.A. 60-237 and 60-245,and amendments thereto.
(3) Statement of accounts. When matters of accounting are in issuebefore the master, the master may prescribe the form inwhich the accountsshall be submitted and in any proper case may require or receive in evidence astatement by a certified public accountant who is called as a witness. Uponobjection of a party to any of the items thus submitted or upon a showingthat the form of statement is insufficient, the master may require adifferent form of statement to be furnished, or the accounts or specificitems thereof to be proved by oral examination of the accounting parties orupon written interrogatories or in such other manner as themaster directs.
(e) Report. (1) Contents and filing. The master shallpreparea report upon the matters submitted to the master bythe order of referenceand, if required to make findings of fact and conclusions of law, themastershall set them forth in the report. The master shall file the report with theclerk of the court and in an action to be tried without a jury, unlessotherwise directed by the order of reference, shall file with it a transcriptof the proceedings and of the evidence and the original exhibits. The clerkshall forthwith mail to all parties notice of the filing.
(2) In nonjury actions. In an action to be tried without a jurythecourt shall accept the master's findings of fact unless clearly erroneous.Within 10 days after being served with notice of thefiling of thereport any party may serve written objections thereto upon the otherparties. Application to the court for action upon the report and uponobjections thereto shall be by motion and upon notice as prescribed insubsection (c) ofK.S.A. 60-206, and amendments thereto. The court afterhearing may adopt the report or maymodify it or may reject it in whole or in part or may receive furtherevidence or may recommit it with instructions.
(3) In jury actions. In an action to be tried by a jury the mastershall not be directed to report the evidence unless required by the court.If the master is available for cross-examination, themaster's findings upon theissues submitted to the master are admissible asevidence of the matters foundand may be read to the jury, subject to the ruling of the court upon anyobjections in point of law which may be made to the report.
(4) Stipulation as to findings. The effect of a master's report isthe same whether or not the parties have consented to the reference.When the parties stipulate that a master's findings of fact shall be final,only questions of law arising upon the report shall thereafter beconsidered.
(5) Draft report. Before filing themaster's report, a master maysubmit a draft thereof to counsel for all parties for the purpose ofreceiving their suggestions.
History: L. 1963, ch. 303, 60-253;L. 2007, ch. 190, § 17; July 1.
60-253.Trial by masters.(a) Appointment and compensation. As used in this chapter the word"master" includes a referee, an auditor, a commissioner and an examiner.The compensation to be allowed to a master shall be fixed by the court, andshall be charged upon such of the parties or paid out of any fund orsubject matter of the action, which is in the custody and control of thecourt as the court may direct. The master shall not retainsuch master's report assecurity for such master's compensation. When the party ordered topay thecompensation allowed by the court does not pay it after notice and withinthe time prescribed by the court, the master is entitled to a writ ofexecution against the delinquent party. The master must be sworn oraffirmed well and faithfully to hear and examine the cause, and to make a justand true report therein, according to the best of the master's understanding.The oath may be administered by any person authorized to take depositions.
(b) Reference. With the consent of the parties, all or any issuesof fact or law or both may be referred to a master. Otherwise, the judgemay order a reference only on a finding that the ends of justice will bemeasurably advanced thereby, and, in a case triable to a jury, only on suchissues as involve an examination of complex or voluminous accounts.
(c) Powers. The order of reference to the master may specify orlimitthe master's powers and may direct such master toreport only upon particularissues or to do or perform particular acts or to receive and report evidenceonly and may fix the time and place for beginning and closing the hearings andfor the filing of the master's report. Subject to the specifications andlimitations stated in the order, the master has and shall exercise the powerto regulate all proceedings in every hearing before suchmaster and to do allacts and take all measures necessary or proper for the efficient performanceof such master's duties under the order. The mastermay require the productionbefore such master of evidence upon all mattersembraced in the reference,including the production of all books, papers, vouchers, documents, andwritings applicable thereto. The master may rule upon the admissibility ofevidence unless otherwise directed by the order of reference and has theauthority to put witnesses on oath and may examine them and may call theparties to the action and examine them upon oath. When a party so requests,the master shall make a record of the evidence offered and excluded in thesame manner and subject to the same limitations as provided in subsection(c) of K.S.A.60-243, and amendments thereto, for a court sitting without ajury.
(d) Proceedings. (1) Meetings. When a reference ismade, theclerk shall forthwith furnish the master with a copy of the order ofreference. Upon receipt thereof unless the order of reference otherwiseprovides, the master shall forthwith set a time and place for the firstmeeting of the parties or their attorneys to be held within20days after the date of the order of reference and shall notify the partiesor their attorneys. It is the duty of the master to proceed with allreasonable diligence. Either party, on notice to the parties and master, mayapply to the court for an order requiring the master to speed the proceedingsand to make the master's report. If a party fails toappear at the time andplace appointed, the master may proceed ex parte or, in the master'sdiscretion, adjourn the proceedings to a future day, giving notice to theabsent party of the adjournment.
(2) Witnesses. The parties may procure the attendance of witnessesbefore the master by the issuance and service of subpoenas as provided inK.S.A. 60-245, and amendments thereto. If without adequate excuse awitness fails to appear or giveevidence, he or she may be punished as for a contempt and be subjected to theconsequences, penalties, and remedies provided in K.S.A. 60-237 and 60-245,and amendments thereto.
(3) Statement of accounts. When matters of accounting are in issuebefore the master, the master may prescribe the form inwhich the accountsshall be submitted and in any proper case may require or receive in evidence astatement by a certified public accountant who is called as a witness. Uponobjection of a party to any of the items thus submitted or upon a showingthat the form of statement is insufficient, the master may require adifferent form of statement to be furnished, or the accounts or specificitems thereof to be proved by oral examination of the accounting parties orupon written interrogatories or in such other manner as themaster directs.
(e) Report. (1) Contents and filing. The master shallpreparea report upon the matters submitted to the master bythe order of referenceand, if required to make findings of fact and conclusions of law, themastershall set them forth in the report. The master shall file the report with theclerk of the court and in an action to be tried without a jury, unlessotherwise directed by the order of reference, shall file with it a transcriptof the proceedings and of the evidence and the original exhibits. The clerkshall forthwith mail to all parties notice of the filing.
(2) In nonjury actions. In an action to be tried without a jurythecourt shall accept the master's findings of fact unless clearly erroneous.Within 10 days after being served with notice of thefiling of thereport any party may serve written objections thereto upon the otherparties. Application to the court for action upon the report and uponobjections thereto shall be by motion and upon notice as prescribed insubsection (c) ofK.S.A. 60-206, and amendments thereto. The court afterhearing may adopt the report or maymodify it or may reject it in whole or in part or may receive furtherevidence or may recommit it with instructions.
(3) In jury actions. In an action to be tried by a jury the mastershall not be directed to report the evidence unless required by the court.If the master is available for cross-examination, themaster's findings upon theissues submitted to the master are admissible asevidence of the matters foundand may be read to the jury, subject to the ruling of the court upon anyobjections in point of law which may be made to the report.
(4) Stipulation as to findings. The effect of a master's report isthe same whether or not the parties have consented to the reference.When the parties stipulate that a master's findings of fact shall be final,only questions of law arising upon the report shall thereafter beconsidered.
(5) Draft report. Before filing themaster's report, a master maysubmit a draft thereof to counsel for all parties for the purpose ofreceiving their suggestions.
History: L. 1963, ch. 303, 60-253;L. 2007, ch. 190, § 17; July 1.
