Short answer. It depends on whether the commissioner's powers were limited. Section 9 requires the commissioner to file a written report on the matters submitted; if the commissioner's powers weren't specified or limited, the report must set out findings of fact and conclusions of law, with all exhibits, affidavits, depositions, papers, and any transcript attached.
What the law says
Upon the completion of the trial or hearing or proceeding before the commissioner, he or she shall file with the court his or her report in writing upon the matters submitted to him or her by the order of reference. When his or her powers are not specified or limited, he or she shall set forth his or her findings of fact and conclusions of law in his or her report. He or she shall attach thereto all exhibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him or her.
Rule 32, Section 9 — Report of commissioner. Read the full provision →
The baseline requirement
Upon completing the trial, hearing, or proceeding, the commissioner must file a written report with the court addressing the matters submitted by the order of reference. This filing is what closes out the commissioner's assignment and hands the results back to the court — the commissioner does not decide the case, but reports back so the court can act on what was heard. The report's scope is defined by whatever the order of reference actually submitted to the commissioner, not by whatever the commissioner happens to think is relevant.
Findings and conclusions when powers are unrestricted
Where the order didn't specify or limit the commissioner's powers, the report must include findings of fact and conclusions of law — essentially a decision-style document, not just a narrative summary of the hearing. This mirrors what a trial judge would produce after hearing the same evidence, which makes sense because an unrestricted reference effectively delegates the full fact-finding and legal-analysis function to the commissioner, leaving the court to review a reasoned report rather than raw, unsorted testimony.
The attachments requirement
Regardless of the scope of the commissioner's powers, all exhibits, affidavits, depositions, papers, and any transcript of the testimonial evidence presented must be attached to the report, giving the court the full underlying record. This lets the court and the parties check the commissioner's findings against the actual evidence rather than take the report's conclusions on faith, and it preserves the record intact in case the report is later contested or reviewed.
Why the limited-powers distinction matters
Where an order specifically limited the commissioner to particular issues or acts, the report's content tracks that narrower assignment instead of requiring full findings of fact and conclusions of law on everything. A commissioner directed only to take an accounting, for example, need not draft a full decision on liability — the report simply addresses whatever the order actually asked for, while the attachments requirement still applies so the court retains the underlying record either way.
Related provisions
- Rule 32, Section 9 — Report of commissioner
- Rule 32, Section 10 — Notice to parties of the filing of report