§53.1.4 Comparison with Federal Rule

• Jurisdiction: Washington

§53.1.4 COMPARISON WITH FEDERAL RULE

CR 53.1 differs significantly from the corresponding federal rule, Fed. R. Civ. P. 53, governing the appointment of masters. Thus, federal case law should be consulted with caution.

There are two primary differences between Fed. R. Civ. P. 53 and the Washington statutes governing appointment and use of referees. First, the circumstances in which a court may appoint a master are more restrictive under the federal rule. Fed. R. Civ. P. 53(a)(1) allows a court to appoint a master without the consent of the parties, but only to preside over matters involving...