R.I. Super. Ct. R. Civ. P. 53

(a) Appointment and Compensation. The court may appoint a

special master in any appropriate action which is pending therein. As used in these

rules, the word “master” includes a referee, an auditor, an examiner, and any other

individual or entity possessing such special expertise sufficient to serve the purpose

or purposes for which a master may be appointed under this rule. The compensation

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 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) Reference.

(1) By Agreement. The court may appoint a master in all cases where the parties

agree that the case may be so tried.

(2) 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 when an investigation of accounts is required or the issues are complicated; in

an action to be tried without a jury, save in matters of account and of difficult

computation of damages, a reference shall be made only upon a showing that some

exceptional condition requires it.

(c) 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 before the master 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 under 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 the Rhode Island Rules of Evidence for a court sitting

without a jury.

(d) 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 twenty (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 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.

(e) 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 serve on all parties notice

of the filing. In an action to be tried without a jury, unless otherwise directed by the

order of reference, the master shall file with it a transcript of the proceedings and of

the evidence and the original exhibits. Unless otherwise directed by the order of

reference, the master shall serve a copy of the report on each party.

(2) In Non-jury Actions. In actions to be tried without a jury the court shall accept

the master's findings of fact unless clearly erroneous. Within ten (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 action upon the

report and upon objections thereto shall be by motion and upon notice as prescribed

in Rule 6(d). The court after hearing may adopt the report or may reject it in whole

or in part or may receive further evidence or may recommit the report to the master

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 objection 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.