Once my case is referred to a commissioner, how much authority does that commissioner actually have — can they issue subpoenas and rule on evidence themselves, or is everything still decided by the judge?

The order of reference sets the scope

The clerk furnishes the commissioner a copy of the order of reference, which may specify or limit the commissioner's powers, direct a report on only particular issues, or fix the dates for beginning and closing hearings and filing the report. Because the order can narrow the commissioner's authority below the full default powers the Rule otherwise grants, anyone appearing before a commissioner should read the specific order of reference rather than assume the commissioner automatically has every power Section 3 describes.

Default powers within that scope

Subject to whatever the order specifies, the commissioner can regulate the proceedings, take all measures necessary to perform the assigned duties, issue subpoenas and subpoenas duces tecum, and swear witnesses. These are substantial, court-like powers — the commissioner is not limited to passively listening and writing notes, but can actively compel attendance and the production of documents, and administer oaths just as a judge presiding over the same hearing could.

Ruling on evidence — the default, and the carve-out

Unless the order of reference provides otherwise, the commissioner may rule on the admissibility of evidence, meaning the parties should check the specific order rather than assume this power always applies. Where the order does withhold this particular power, objections to evidence are typically preserved and passed on to the court for eventual ruling instead, rather than being decided on the spot by the commissioner during the hearing itself.

The hearing proceeds like a court proceeding

The trial or hearing before the commissioner proceeds in all respects as it would if held before the court, so the parties should expect the same procedural formality they would get before a judge — direct and cross-examination, objections placed on the record, and an orderly presentation of evidence. This formality is part of what makes a commissioner's report a reliable basis for the court's own later action on the matter referred.

Related provisions

• Rule 32, Section 3 — Order of reference; powers of the commissioner
• Rule 32, Section 2 — Reference ordered on motion
• Rule 32, Section 4 — Oath of commissioner