Rule 3. Appointment and Authority of Masters
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Alaska Rules of Court › Alaska Adoption Rules › Alaska Adoption R. 3
Text
(a) Appointment. The presiding judge may appoint a
standing
master
to
conduct
adoption
proceedings.
Appointments of standing masters must be reviewed annually.
The presiding judge may appoint a special master to conduct a
proceeding which is specified in the order of reference.
(b) Authority, Order of Reference.
(1) An order of reference specifying the extent of the
master’s authority and the type of appointment must be entered
in every case assigned to a master. The order of reference must
be served on all parties.
(2) A master’s report is not binding until approved by a
superior court judge pursuant to Civil Rule 53(d) and
paragraph (f) of this rule, except that a master may enter orders
without further approval of the superior court pursuant to Civil
Rule 53(b) and (c), and paragraph (d) of this rule.
(c) Objection to Reference to a Master. In addition to
the peremptory challenge of a master provided for in Civil
Rule 42(c), a party may file an objection to a referral to a
master in the following manner:
(1) Timeliness. A party may file an objection no later
than five days after receiving notice of an order of reference.
(2) Grounds for Objection. An objection to the
assignment of a master must set forth sufficient grounds from
which the court may determine whether good cause exists to
remove the matter from the master’s jurisdiction. Good cause
may include involvement of:
(i) complex questions of law which require a decision by
a superior court judge; or
(ii) questions requiring prompt resolution which would
be seriously impaired by reference to a master.
gnment of a master must set forth sufficient grounds from
which the court may determine whether good cause exists to
remove the matter from the master’s jurisdiction. Good cause
may include involvement of:
(i) complex questions of law which require a decision by
a superior court judge; or
(ii) questions requiring prompt resolution which would
be seriously impaired by reference to a master.
(d) Standing Master’s Authority to Enter Orders. A
standing master is authorized to take the following actions
without further approval by a superior court judge:
(1) appoint counsel and guardians ad litem;
(2) order home studies;
(3) set hearings and order continuances of the hearings;
(4) accept and approve stipulations; and
(5) accept voluntary relinquishments of parental rights
and consents to adoption, and, in the case of an Indian child,
make the requisite judicial certification of voluntary consent
required by federal law.
(e) Master’s Report, Recommendations. A master may
issue a written report or oral findings on the record concerning
an order or recommendation which must be approved by a
superior court judge. The master shall advise the parties on the
record of their right to file objections to any such decisions
pursuant to paragraph (f) of this rule.
(f) Objections to Master’s Report, Recommenda-
tions. Objections to Master’s Report, Recommendations.
Objections to a master’s report or recommendation must be
filed within ten days of service of the report unless the court
requires objections to be filed earlier. In the case of a
recommendation rendered orally on the record where a party
requests an electronic recording of the recommendation, the
time period for objection runs from receipt of the recording. A
reply to the objections must be filed within three days of
service of the objections. The superior court may permit oral
argument, order the taking of further evidence, or grant a
hearing de novo.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.