Insights
Special masters and discovery referees.
A court can hand a stalled discovery dispute to a neutral. These pieces cover when that happens, which procedural vehicle fits, and what it costs.
Special Master
Special Master articles
4 articles in this thread, each grounded in primary authority — the federal rules and statutes and U.S. court sources.
Forensic neutral → ESI protocols → Search & privilege → All insights →
When to Appoint a Discovery Special Master (FRCP 53)
When does it make sense to appoint a discovery special master? An FRCP 53 framework — the roles, the triggers, the cost answer, and how to scope the order.
What a Discovery Special Master Costs (FRCP 53(g))
How discovery special master fees are set and allocated under FRCP 53(g), what drives cost, and why a neutral is cheaper than a stalled motion cycle.
California Discovery Referees: CCP §638 vs. §639
California's two paths to a discovery referee — CCP §638 by agreement (binding) vs. §639 on the court's motion (advisory). Which fits your dispute, and why.
Special Master for Digital-Evidence Disputes (FRCP 53)
Digital-evidence disputes can outgrow the bench. How a special master under FRCP 53 brings ESI expertise, time, and bespoke procedure to keep cases moving.
Get the Model Discovery Order Pack — free.
Four adaptable templates — a Rule 53 special-master order, an ESI-protocol mediation clause, a discovery-referee stipulation, and a forensic-inspection protocol — plus a short note when a new insight publishes.
Have a dispute that can't wait for the next article?
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