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Rule 22-1 Appointment, Removal, and Substitution

Article 22. Special Master

(a) Unless a statute provides otherwise, upon the motion of a party or upon the Court's own motion, the Court may appoint a special master to conduct any of the following:

(1) To perform duties consented to by the parties.

(2) To address pre-trial and post-trial matters that the Court cannot efficiently, effectively, or promptly address.

(3) To provide guidance, advice, and information to the Court on complex or specialized subjects, including technology issues related to the discovery process.

(4) To monitor implementation of and compliance with orders of the Court or, in appropriate cases, to monitor implementation of settlement agreements.

(5) To investigate and report to the Court on matters identified by the Court.

(6) To conduct an accounting as instructed by the Court and report upon the results of the same.

(7) Upon a showing of good cause, to attend and supervise depositions conducted outside of the Court's jurisdiction.

(8) To hold trial proceedings and make or recommend findings of fact on issues to be decided by the Court without a jury if appointment is warranted by —

(A) some exceptional condition; or

(B) the need to perform an accounting, to resolve a difficult computation of damages, or if the matter involves issues that would benefit from a special substantive competence.

(b) A special master shall not have a relationship to the parties, counsel, action, or Judge that would require disqualification of a Judge under applicable standards, unless the parties consent to the appointment of a particular person after disclosure of all potential grounds for disqualification and the Court thereafter approves such appointment.

(c) In appointing a special master, the Court shall, if possible, consider the fairness of imposing the likely expenses on the parties and should protect against unreasonable expense and delay, taking into account the burdens and the benefits such an appointment would produce. The appointment of a special master shall not deprive any party of access to the courts or the civil justice system.

(d) A special master may be removed or substituted by order of the Court upon the motion of a party or on the Court's own motion.