W.R.C.P. 53

(a) Appointment and compensation. —

(1) Appointment. — The court in which any action is pending may appoint

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

not limited to, a referee, an auditor, or an examiner.

(2) Compensation. — The compensation to be allowed to a master shall be

fixed by the court, and may be charged against one or more of the parties,

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

and control of the court, or as the court may direct. The master shall not

retain the master’s report as security for the master’s 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. — A reference to a master shall be the exception and not the

rule.

(1) Jury Trials. — In actions to be tried by a jury, a reference shall be made

only when the issues are complicated.

(2) Nonjury Trials. — In actions 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 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 received, offered and excluded in the same

manner and subject to the same limitations as provided in the Wyoming 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.

(A) Time. — 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.

(B) Delay. — 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 master’s report.

(C) Appearance of Parties Required. — 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 as 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.

(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. Unless otherwise directed by the

order of reference, the master shall also serve a copy of the report on each

party.

(2) In Nonjury Actions. — In an action to be tried without a jury, unless

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

report a transcript of the proceedings and of the evidence and the original

exhibits.

(A) Findings Accepted. — In an action to be tried without a jury the

court shall accept the master’s findings of fact unless clearly erroneous.

(B) Objections. — Within 14 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. 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.

(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 of 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.