(1) The court: (A) shall inform counsel of its proposed instructions and proposed action on the requests before instructing the jury and before the arguments to the jury; and (B) must give the parties an opportunity to object on the record and out of the jury’s hearing to the proposed instructions and actions on requests before the instructions and arguments are delivered. (2) Whenever the court refuses to give any requested instruction, the court shall write the word ‘‘refused’’ in the margin of the original and initial or sign the notation. Whenever the court modifies any requested instruction, the court shall mark the same in such manner that it shall distinctly appear how the instruction has been modified and shall initial or sign the notation. The instructions given to the jury shall be firmly bound together and the court shall write the word ‘‘given’’ at the conclusion thereof and sign the last of the instructions. After the jury has reached a verdict and been discharged, the originals and copies of all instructions, whether given, modified or refused, shall be made part of the trial court record. (3) The court shall instruct the jury before the parties’ arguments to the jury, but this shall not prevent the giving of further instructions that may become necessary by reason of the argument. The jury shall be permitted to take to the jury room the written instructions given by the court, or a true copy thereof. (c) Objections. (1) A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection. (2) An objection is timely if: (A) a party that has been informed of an instruction or action on a request before the jury is instructed and before final arguments to the jury, as provided by Rule 51(b)(1)(A), objects at the opportunity for objection required by Rule 51(b)(1)(B); or (B) a party that has not been informed of an instruction or action on a request before the time for objection provided under Rule 51(b)(1)(B) objects promptly after learning that the instruction or request will be, or has been, given or refused. (d) Assigning Error; Plain Error. (1) A party may assign as error: (A) an error in an instruction actually given if that party made a proper objection under Rule 51(c), or (B) a failure to give an instruction if that party made a proper request under Rule 51(a), and, if the court did not make a definitive ruling on the record rejecting the request, also made a proper objection under Rule 51(c). (2) A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by Rule 51(d)(1)(A) or (B). (e) Scope. This rule governs instructions to the trial jury on the law that governs the verdict. Other instructions, including preliminary instructions to a venire and cautionary or limiting instructions delivered in immediate response to events at trial, are not within the scope of this rule. [As amended; effective July 1, 2005.] RULE 52. FINDINGS BY THE COURT; JUDGMENT ON PARTIAL FINDINGS (a) Effect. If a jury is not demanded, the justice shall hear the evidence and decide all questions of fact and law and render judgment accordingly. The court may, but absent demand therefor need not, find the facts specially and state separately its conclusions of law thereon. If the court has not, in writing, found the facts specially and set forth its conclusions of law, then, upon written request therefor filed with the court within 3 judicial days of written notice of the court’s decision or if the decision is announced in open court, within 3 days thereof, a party appealing from the decision under Rule 72(a) and (b) may demand that the court make and enter specific findings of fact and conclusions of law. Requests for findings are not necessary for purposes of review, and when a request for findings is made, it does not toll the time within which an appeal must be made pursuant to Rule 72B. Any such findings shall be made a part of the record on appeal. If findings of fact are made, they shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in subdivision (c) of this rule. But an order granting summary judgment shall set forth the undisputed material facts and legal determinations on which the court granted summary judgment. When a request for findings and conclusions has been filed, such findings and conclusions must be made, entered and served upon all counsel of record, or any party not represented by counsel within 7 judicial days of such written request. All proposed findings of fact, conclusions of law, judgments, orders and decrees and such other papers as the court may direct, shall be prepared in writing by the attorney for the prevailing party, if there is one. (b) Amendment. Upon a party’s motion filed not later than 10 days after service of written notice of entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59. When findings of fact are made in actions tried without a jury, the sufficiency of the evidence supporting the findings may later be questioned whether or not in the justice court the party raising the question objected to the findings, moved to amend them, or moved for partial findings. (c) Judgment on Partial Findings. If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule. [As amended; effective July 1, 2005.] RULE 53. MASTERS (a) Appointment and Compensation. (1) The court in which any action is pending may appoint a special master therein. As used in these rules the word “master” includes a referee, an auditor, an examiner and an assessor. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court may direct. The master shall not retain the master’s report as security for the master’s compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party. (2) Any party may object to the appointment of any person as a master on one or more of the following grounds:

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