09 LC
21 0062
House
Bill 73
By:
Representatives Lane of the
167th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia
Annotated, relating to civil trials, so as to provide for the appointment of
special masters; to provide for authority; to provide for orders and reports; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating
to civil trials, is amended by adding a new Code section to read as
follows:
"9-11-53.
(a)
Appointment.
(1)
Unless a statute provides otherwise, a court may appoint a master only
to:
(A)
Perform duties consented to by the parties;
(B)
Hold trial proceedings and make or recommend findings of fact on issues to be
decided by the court without a jury if appointment is warranted by:
(i)
Some exceptional condition; or
(ii)
The need to perform an accounting or resolve a difficult computation of damages;
or
(C)
Address pretrial and post-trial matters that cannot be addressed effectively and
timely by an available State or Superior Court judge.
(2)
A master must not have a relationship to the parties, counsel, action, or court
that would require disqualification of a judge under Code Section 15-1-8, unless
the parties consent with the court's approval to appointment of a particular
person after disclosure of any potential grounds for
disqualification.
(3)
In appointing a master, the court must consider the fairness of imposing the
likely expenses on the parties and must protect against unreasonable expense or
delay.
(b)
Order
Appointing a Master.
(1)
The court must give the parties notice and an opportunity to be heard before
appointing a master. A party may suggest candidates for
appointment.
(2)
The order appointing a master must direct the master to proceed with all
reasonable diligence and must state:
(A)
The master's duties, including any investigation or enforcement duties, and any
limits on the master's authority under subsection (c) of this Code
section;
(B)
The circumstances, if any, in which the master may communicate ex parte with the
court or a party;
(C)
The nature of the materials to be preserved and filed as the record of the
master's activities;
(D)
The time limits, method of filing the record, other procedures, and standards
for reviewing the master's orders, findings, and recommendations;
and
(E)
The basis, terms, and procedure for fixing the master's compensation under
subsection (h) of this Code section.
(3)
The court may enter the order appointing a master only after the master has
filed an affidavit disclosing whether there is any ground for disqualification
under Code Section 15-1-8 and, if a ground for disqualification is disclosed,
after the parties have consented with the court's approval to waive the
disqualification.
(4)
The order appointing a master may be amended at any time after notice to the
parties and an opportunity to be heard.
(c)
Master's
Authority.
Unless the appointing order expressly directs otherwise, a master has authority
to regulate all proceedings and take all appropriate measures to perform fairly
and efficiently the assigned duties. The master may by order impose upon a
party any noncontempt sanction provided by Code Section 9-11-37 or 9-11-45, and
may recommend a contempt sanction against a party and sanctions against a
nonparty.
(d)
Evidentiary
Hearings.
Unless the appointing order expressly directs otherwise, a master conducting an
evidentiary hearing may exercise the power of the appointing court to compel,
take, and record evidence.
(e)
Master's
Orders. A
master who makes an order must file the order and promptly serve a copy on each
party. The clerk must enter the order on the docket.
(f)
Master's
Reports. A
master must report to the court as required by the order of appointment. The
master must file the report and promptly serve a copy of the report on each
party unless the court directs otherwise.
(g)
Action
on Master's Order, Report, or Recommendations.
(1)
In acting on a master's order, report, or recommendations, the court must afford
an opportunity to be heard and may receive evidence, and may: adopt or affirm;
modify; wholly or partly reject or reverse; or resubmit to the master with
instructions.
(2)
A party may file objections to or a motion to adopt or modify the master's
order, report, or recommendations no later than 20 days from the time the
master's order, report, or recommendations are served, unless the court sets a
different time.
(3)
The court must decide de novo all objections to findings of fact made or
recommended by a master unless the parties stipulate with the court's consent
that:
(A)
The master's findings will be reviewed for clear error;
or
(B)
The findings of a master appointed under subparagraphs (a)(1)(A) or (C) of this
Code section will be final.
(4)
The court must decide de novo all objections to conclusions of law made or
recommended by a master.
(5)
Unless the order of appointment establishes a different standard of review, the
court may set aside a master's ruling on a procedural matter only for an abuse
of discretion.
(h)
Compensation.
(1)
The court must fix the master's compensation before or after judgment on the
basis and terms stated in the order of appointment, but the court may set a new
basis and terms after notice and an opportunity to be heard.
(2)
The compensation fixed under paragraph (1) of subsection (h) of this Code
section must be paid either:
(A)
By a party or parties; or
(B)
From a fund or subject matter of the action within the court's
control.
(3)
The court must allocate payment of the master's compensation among the parties
after considering the nature and amount of the controversy, the means of the
parties, and the extent to which any party is more responsible than other
parties for the reference to a master. An interim allocation may be amended to
reflect a decision on the
merits."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.