Appointment of Special Master

Rule 53 of the Tennessee Rules of Civil Procedure allows a trial court broad discretion in appointing a special master.  Specifically, Rule 53.01 states, “The court in which any action is pending may appoint a Special Master therein.”  Additionally, Rule 53.02 provides little limitations and/or guidance on any limits of a special master: “Subject to the specifications and limitations stated in the order [of reference], the master has and shall exercise the power to regulate all proceedings in every hearing before him or her and to do all acts and take all measures necessary or proper for the efficient performance of the duties under the order.”

              Although Rule 53 is broadly written, Tennessee courts have provided guidance on possible limits of the powers of a special master.  Specifically, in Archer v. Archer, 907 S.W.2d 412, 415-16 (Tenn. Ct. App. April 21, 1995), the Tennessee Court of Appeals stated, “The main issues of a controversy and the principles on which these issues are to be adjudicated must be determined by the trial court. Collateral, subordinate, and incidental issues and the ascertainment of ancillary facts are matters properly referred to a special master.” (internal citations omitted).

              Therefore, although a trial court can refer matters before it to a special master to assist the trial court in moving the matter forward, the power of special master is not unlimited.  A special master may only hear those issues that are collateral, subordinate, or incidental to the matter as a whole.