Rule 53. Court-appointed Neutrals

(A) Appointment and compensation. Each trial court may appoint a court-appointed neutral in a case pending therein if: (1) All parties consent to appointment of a court-appointed neutral; or (2) If all parties do not consent, the court, after giving notice to the parties and an opportunity to be heard finds it probable that appointment of a court-appointed neutral will materially assist the court in resolving the case in a just and timely manner; the anticipated costs associated with the appointment of a court-appointed neutral are proportionate to the value of the case; and the anticipated costs associated with the appointment of a court-appointed neutral will not be unduly burdensome to any party. As used in these rules the term “court-appointed neutral” includes without limitation an attorney, a senior judge, a referee, an auditor, an examiner, a commissioner, an assessor, or any attorney or non-attorney who has special skills or training appropriate to perform the tasks that may be required. If an attorney, the court-appointed neutral must be an attorney licensed and in good standing in the State of Indiana. Selection of the court-appointed neutral may be by agreement of the parties or selected by the court. The compensation to be allowed to a court-appointed neutral must be reasonable.

(B) Reference. The order of reference may also direct the court-appointed neutral to only report upon particular issues, perform particular acts, receive and report evidence only, or fix the time and place for beginning and closing hearings, or the filing of the court-appointed neutral’s report.

(C) Powers. Subject to the specifications and limitations stated in the order of reference, the court-appointed neutral has the power to regulate all proceedings before the court-appointed neutral, and to take all measures necessary or proper for the efficient performance of the duties assigned under the order.

(D) Proceedings. (1) Meetings. When a reference is made, the clerk must furnish the court-appointed neutral with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the court-appointed neutral must set a time and place for the first meeting of the parties or their attorneys to be held within twenty days after the date of the order of reference and notify the parties or their attorneys. It is the duty of the court-appointed neutral to proceed with all reasonable diligence. Either party, on notice to the parties and court-appointed neutral, may apply to the court for an order requiring the court-appointed neutral to speed the proceedings and to make the report. If a party fails to appear at the time and place appointed, the court-appointed neutral may proceed ex parte or, in the court-appointed neutral's discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment. (2) Witnesses. The court-appointed neutral may examine witnesses, including the parties to the action, under oath. The court-appointed neutral may permit the parties to examine witnesses under oath and may place reasonable limits on the examination of witnesses by the parties. The parties may procure the attendance of witnesses before the court-appointed neutral 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) Evidence and statement of accounts. The court-appointed neutral may require the production of evidence on all matters embraced in the order of reference, including the production of records and documents of all kinds, including electronic media. The court-appointed neutral may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to place witnesses under oath. If a party so requests, the court-appointed neutral must make a record of the evidence offered and excluded in the same manner, and subject to the same limitations, as provided for a court sitting without a jury. When matters of accounting are in issue before the court-appointed neutral, the court-appointed neutral may prescribe the form in which the amounts must 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 court-appointed neutral may require a different form of statement to be furnished, or the accounts or specific items thereof to be provided by oral examination of the accounting parties or upon written interrogatories or in such other manner as directed.

(E) Report. (1) Contents and filing. The court-appointed neutral must prepare a report upon the matters submitted by the order of reference and, if required by request of any party or the court prior to hearing or the taking of evidence to make findings of fact, the court-appointed neutral must set them forth in the report. The court-appointed neutral must file the report with the clerk of the court. (2) In nonjury actions. Within ten days after being served with notice of the filing of the report any party may serve written objections upon the other parties. Application to the court for action upon the report and upon objections must be by motion and upon notice as prescribed in Rules 5 and 6. The court after hearing may adopt the report or may reject it in whole or in part or may receive further evidence or may re-commit it with instructions. (3) In jury actions. In an action to be tried by a jury the court-appointed neutral must not be directed to report the evidence. The findings upon the issues submitted to the court-appointed neutral 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 report a court-appointed neutral may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions. The court may also request interim report(s) from the court-appointed neutral at any time.

(F) Particular laws not affected. Nothing in this rule shall affect laws providing for the appointment and duties of probate commissioners; and nothing shall prevent any probate or other similar court from appointing a master under this rule.