M.R. Civ. P. 53

(a) Appointment and Compensation. The court in which an action is

pending may appoint one or more referees therein, not exceeding three in

number. As used in these rules “referee” includes a master and an auditor, and

the singular includes the plural. The compensation to be allowed to a referee

shall be fixed by the court, and such compensation and necessary expenses

incurred by a referee as allowed by the court shall be paid by the state on

presentation of the proper certificate of the clerk, or by such of the parties, or

out of any fund or subject matter of the action, which is in the custody and

control of the court, or by apportionment among such sources of payment, as

the court shall direct. The referee shall not retain the 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 referee is entitled to a writ of execution against the delinquent party.

(b) Reference.

(1) Reference by Agreement. The court may appoint a referee in all

cases where the parties agree that the case may be so tried.

(2) Reference Without Agreement. In absence of agreement of the

parties, a reference shall be the exception and not the rule. In actions to be tried

by a jury, a reference shall be made only when an investigation of accounts or

an examination of vouchers is required; in an action to be tried without a jury,

save in matters of account, a reference shall be made only upon a showing that

some exceptional condition requires it.

(c) Powers. The order of reference to the referee may specify or limit the

referee’s powers and may direct the referee 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 referee’s report. When a party so requests, the referee shall

make a record of the evidence offered and excluded in the same manner and

subject to the same limitations as provided in Rule 103 of the Maine Rules of

Evidence for a court sitting without a jury.

(d) Witnesses. The parties may procure the attendance of witnesses

before the referee 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 by the court as for a contempt and be subjected

to the consequences, penalties, and remedies provided in Rules 37 and 45.

(e) Report.

(1) Contents and Filing. The referee shall prepare a report upon the

matters submitted to the referee by the order of reference and, if required to

make findings of fact and conclusions of law, the referee shall set them forth in

the report. In cases where the reference is by agreement of the parties, the

referee shall file with the clerk of the court the report, together with the original

exhibits and together with any transcript which, at the election and expense of

one or more of the parties, may be made of the proceedings and of the evidence

before the referee. In cases where the reference is without agreement and

where the action is to be tried without a jury, when the order of reference so

provides, the referee shall file with the report and the original exhibits a

transcript of the proceedings and of the evidence and the cost of such transcript

shall be included in the necessary expenses incurred by the referee as provided

in Rule 53(a). The clerk shall forthwith mail to all parties notice of the filing.

(2) In Non-jury Actions. In an action where there has been a

reference by agreement, the referee’s conclusions of law and findings of fact

shall be subject to the right of the parties to object to acceptance of the referee’s

report. On waiver by all parties of the right to object to acceptance of the

referee’s report, the court shall forthwith enter judgment on the referee’s

report. Except where such waiver occurs, any party may within 10 days after

being served with notice of the filing of the report serve written objections upon

the other parties. Application to the court for action upon the report and upon

objections thereto, if any have been served, shall be by motion and upon notice

as prescribed in Rule 7(b). The court shall adopt the referee’s findings of fact

unless clearly erroneous. Except as otherwise provided in this paragraph (2),

the court after hearing may adopt the report or may modify it or may reject it

in whole or in part or may receive further evidence or may recommit it with

instructions. If no objections have been timely filed, the court shall forthwith

enter judgment on the referee’s report.

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

not be directed to report the evidence. The referee’s findings upon the issues

submitted to the referee 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) Draft Report. Before filing a report a referee may submit a draft

thereof to counsel for all parties for the purpose of receiving their suggestions.

(5) Amendment. On motion of a party made not later than five days

after notice of filing of the report, the referee may amend the findings or

recommendations or make additional findings or recommendations. The

referee shall file a supplemental report containing any amended or additional

findings or recommendations or denying the motion, in the manner provided

for filing the original report in paragraph (1) of this subdivision. Within ten

days after being served with notice of the filing of a supplemental report, any

party may serve written objections to the original or the supplemental report

as provided in paragraph (2) of this subdivision.