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Rule 3. Appointment and Authority of Masters.
(a) Appointment. The presiding judge may appoint a standing master to conduct adoption proceedings. Appointments of standing masters must be reviewed annually. The presiding judge may appoint a special master to conduct a proceeding which is specified in the order of reference.
(b) Authority, Order of Reference. (1) An order of reference specifying the extent of the master's authority and the type of appointment must be entered in every case assigned to a master. The order of reference must be served on all parties.
(2) A master's report is not binding until approved by a superior court judge pursuant to Civil Rule 53(d) and paragraph (f) of this rule, except that a master may enter orders without further approval of the superior court pursuant to Civil Rule 53(b) and (c), and paragraph (d) of this rule.
(c) Objection to Reference to a Master. In addition to the peremptory challenge of a master provided for in Civil Rule 42(c), a party may file an objection to a referral to a master in the following manner:
(1) Timeliness. A party may file an objection no later than five days after receiving notice of an order of reference.
(2) Grounds for Objection. An objection to the assignment of a master must set forth sufficient grounds from which the court may determine whether good cause exists to remove the matter from the master's jurisdiction. Good cause may include involvement of:
(i) complex questions of law which require a decision by a superior court judge; or
(ii) questions requiring prompt resolution which would be seriously impaired by reference to a master.
(d) Standing Master's Authority to Enter Orders. A standing master is authorized to take the following actions without further approval by a superior court judge:
(1) appoint counsel and guardians ad litem;
(2) order home studies;
(3) set hearings and order continuances of the hearings;
(4) accept and approve stipulations; and
(5) accept voluntary relinquishments of parental rights and consents to adoption, and, in the case of an Indian child, make the requisite judicial certification of voluntary consent required by federal law.
(e) Master's Report, Recommendations. A master may issue a written report or oral findings on the record concerning an order or recommendation which must be approved by a superior court judge. The master shall advise the parties on the record of their right to file objections to any such decisions pursuant to paragraph (f) of this rule.
(f) Objections to Master's Report, Recommendations. Objections to a master's report or recommendation must be filed within ten days of service of the report unless the court requires objections to be filed earlier. In the case of a recommendation rendered orally on the record where a party requests a cassette tape of the recommendation, the time period for objection runs from receipt of the tape. A reply to the objections must be filed within three days of service of the objections. The superior court may permit oral argument, order the taking of further evidence, or grant a hearing de novo.
(SCO 972 effective January 15, 1990)
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
