Special Master
__Some cases involve areas of law that are complex and changing, are based on fact patterns that require significant time to evaluate, or raise novel questions that do not readily appear to follow clear precedent. For these reasons and others, it may be a wise use of court resources for the state or federal court to retain a special master with experience in the substantive area of law at issue in the case to oversee discovery, hold a hearing, develop recommended findings of fact or produce a recommended legal holding for the court to review.
The use of special masters is authorized in federal law at Rule 53 of the Federal Rules of Civil Procedure and is often authorized in state law, as well. See, for example, Jokela, Lynn and Herr, David F. (2005) "Special Masters in State Court Complex Litigation: An Available and Underused Case Management Tool," William Mitchell Law Review: Vol. 31: Iss. 3, Article 16. Environmental law is an example of a substantive area that is complex, varied, evolving and may raise federal and state questions in one case. All of these factors may make environmental litigation matters ones where the use of special masters is helpful and appropriate. |
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