Alaska R. Civ. P. 53

(a) Appointment and Compensation. The presiding

judge of the superior court for each judicial district with the

approval of the chief justice of the Supreme Court may appoint

one or more standing masters for such district, and the court in

which any action is pending may appoint a special master

therein. As used in these rules the word “master” includes a

referee, an auditor and an examiner, and a magistrate judge or

a deputy magistrate. The compensation, if any, to be allowed

to a master shall be fixed by the court, and shall be charged

upon such of the parties or paid out of any fund or subject

matter of the action which is in the custody and control of the

court, as the court may direct. The master shall not retain the

master’s 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.

(b) Powers. The order of reference to the master may

specify or limit the master’s powers and may direct the master

to report only upon particular issues or to do or perform

particular acts or to receive and report evidence only and may

fix the time and place for beginning and closing the hearings

and for the filing of the master’s report. Subject to the

specifications and limitations stated in the order, the master has

and shall exercise the power to regulate all proceedings in

every hearing before the master and to do all acts and take all

measures necessary or proper for the efficient performance of

the master’s duties under the order. The master may require the

production of evidence upon all matters embraced in the

reference, including the production of all books, papers,

vouchers, documents, and writings applicable thereto. The

master may rule upon the admissibility of evidence unless

otherwise directed by the order of reference and has the

authority to put witnesses on oath and may examine them and

may call the parties 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 the same manner and subject

to the same limitations as provided in Evidence Rule 103(b)

for a court sitting without a jury.

(c) Proceedings.

(1) Meetings. When a reference is made, the clerk shall

forthwith furnish the master with a copy of the order of

reference. Upon receipt thereof unless the order of reference

otherwise provides, the master shall forthwith set a time and

place for the first meeting of the parties or their attorneys to be

held within 20 days after the date of the order of reference and

shall notify the parties or their attorneys. It is the duty of the

master to proceed with all reasonable diligence. Either party,

on notice to the parties and master, may apply to the court for

an order requiring the master to speed the proceedings and to

make the report. If a party fails to appear at the time and place

appointed, the master may proceed ex parte or, in the master’s

discretion, adjourn the proceedings to a future day, giving

notice to the absent party of the adjournment.

(2) Witnesses. The parties may procure the attendance of

witnesses before the master by the issuance and service of

subpoenas as provided in Rule 45. If without adequate excuse

a witness fails to appear or give evidence, the witness may be

punished for a contempt and be subjected to the consequences,

penalties and remedies provided in Rules 37 and 45.

(3) Statement of Accounts. When matters of accounting

are in issue before the master, the master may prescribe the

form in which the accounts shall be submitted and in any

proper case may require or receive in evidence a statement by

a certified public accountant who is called as a witness. Upon

objection of a party to any of the items thus submitted or upon

a showing that the form of statement is insufficient, the master

may require a different form of statement to be furnished, or

the accounts or specific items thereof to be proved by oral

examination of the accounting parties or upon written

interrogatories or in such other manner as the master directs.

(d) Report.

(1) Contents and Filing. The master shall prepare a

report upon the matters submitted to the master by the order of

reference and, if required to make findings of fact and

conclusions of law, the master shall set them forth in the

report. The master shall file the report with the clerk of the

court and in an action to be tried without a jury, unless

otherwise directed by the order of reference, shall file with it

the original exhibits. The clerk shall forthwith mail to all

parties notice of the filing.

(2) In Non-Jury Actions. Within 10 days after being

served with notice of the filing of the report any party may

serve written objections thereto upon the other parties.

Application to the court for an action upon the report and upon

objections thereto shall be by motion and upon notice as

prescribed in Rule 77. In an action to be tried without a jury,

(A) if no party files objections to the report, the court

may accept the master’s findings without conducting an

independent review of the evidence presented to the master.

(B) if any party files objections to the report, the court

shall obtain and review a transcript or electronic recording of

the portions of the proceedings that relate to the objections.

The court must consider under a de novo standard of review all

objections to findings of fact made or recommended in the

report, and must rule on each objection. However, the parties

may stipulate with the court’s consent that the master’s

findings will be reviewed for clear error or that the master’s

findings will be final.

The court may adopt the report, may modify it, may

reject it in whole or in part, may receive further evidence, or

may recommit it with instructions.

(3) In Jury Actions. In an action to be tried by a jury the

master shall not be directed to report the evidence. The

master’s findings upon the issues submitted to the master are

admissible as evidence of the matters found and may be read to

the jury, subject to the ruling of the court upon any objections

in point of law which may be made to the report.

(4) Stipulation as to Findings. The effect of a master’s

report is the same whether or not the parties have consented to

the reference; but, when the parties stipulate that a master’s

findings of fact shall be final, only questions of law arising

upon the report shall thereafter be considered.

(5) Draft Report. Before filing the master’s report a

master may submit a draft thereof to counsel for all parties for

the purpose of receiving their suggestions.

(6) Report of Magistrate Judge or Deputy Magistrate.

Where a magistrate judge or a deputy magistrate has been

appointed a standing or special master for any purpose, the

master’s report shall include such findings of fact, transcript of

evidence or proceedings and recommendations as may have

been requested by the superior court in its order of reference.