(See Mass.R.Civ.P. 53 )
ORDER OF REFERENCE TO MASTER
Ordered that this action be referred to ______ as Master for the conduct of proceedings pursuant to Mass.R.Civ.P. 53 and Superior Court Rule 49.
The Master shall make findings of fact and conclusions of law, and set them forth in his/her report, including all subsidiary findings of fact upon each issue.
He/she need not make findings on damages if he/ she determines that there was no liability.
Hearings shall begin on or before ______, 20__, and:
The report shall be filed on or before _____, 20__.
The Master is referred to Section 4 of Superior Court Rule 49 regarding forfeiture of compensation for failure to file his/her report seasonably.
By the Court (_____, J.)
Clerk
ENTERED:
JURY ACTION
Ordered that this action be referred to ______ as Master for the conduct of proceedings pursuant to Mass.R.Civ.P. 53 and Superior Court Rule 49.
The Master'shall make findings of fact, with subsidiary findings of fact on each issue, including the issue of damages whatever the determination of liability.
Hearings shall begin on or before _____, 20__, and:
The report shall be filed on or before ______, 20__.
The Master is referred to Section 4 of Superior Court Rule 49 regarding forfeiture of compensation for failure to file his/her report seasonably.
By the Court (_____, J.)
Clerk
ENTERED:
In cases referred to a master in which a statement by the referring or another justice is required by this Rule or Mass. R. Civ. P. 53, the clerk shall enter upon such docket the following:
In each case referred to a master in which a justice or objecting party has filed a statement of reasons or objections in accordance with the provisions of this Rule or Mass. R. Civ. P. 53, the clerk shall report in summary written form to the Chief Justice, quarterly, the name of the case, the nature of the case, the name of the master appointed, and the statements of the referring or other justice or party which are of record.
The clerk shall place upon the list for hearing upon motions and other interlocutory matters, at the session for or including civil business without jury within the county to be held on or next after the first Monday of March and the first Monday of September in every year, every case in which the appointment of a master was made more than four months before such first Monday and his/her report has not been filed. The list shall state the name of such master, the date of his/her appointment, and the reason for placing the case upon said list. The clerk shall mail such list to the parties and such officer. Such cases shall be called at such session.
At any call of such docket or of such cases or at any other time, the court may make any order deemed proper to promote justice and prevent delay, including an order that the case proceed without regard to engagements of counsel, and an order removing such master.
Mass. R. Sup. Ct. 49