Definition
A commissioner, in the context of a civil trial or proceeding, is an individual referred to by the court or agreed upon by the parties to hear evidence or perform specific acts. The term "commissioner" as used in the Rules of Civil Procedure includes an auditor and an examiner.
Appointment and Scope of Reference
The parties may agree to refer any or all issues in a case to a commissioner. Alternatively, the court may direct a reference upon motion of a party or on its own motion. A reference may be ordered for purposes such as examining a long account, taking an account, or carrying a judgment or order into effect when a question of fact arises outside the pleadings. The order of reference defines the specific powers and duties of the commissioner, which can range from hearing evidence and reporting findings on particular issues to performing particular acts. Lack of written consent to receive evidence from parties who agreed to the appointment is waived by express or implied consent.
Powers and Duties
Unless limited by the order of reference, a commissioner possesses the power to regulate the proceedings before them and take all necessary measures for the efficient performance of their duties. This includes the authority to issue subpoenas and subpoenas duces tecum, administer oaths to witnesses, and rule upon the admissibility of evidence. The commissioner is required to proceed with reasonable diligence.
Role in Specific Proceedings
Commissioners are specifically utilized in expropriation proceedings. In such cases, the court appoints not more than three competent and disinterested individuals to serve as commissioners. Their primary duty is to ascertain and report to the court the just compensation for the property being expropriated. This involves taking an oath, viewing the property, hearing evidence from the parties, and assessing any consequential damages and benefits. The determination of just compensation necessitates a trial before these commissioners. The commissioners then submit a full and accurate report of their proceedings and findings to the court.