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ARTICLE · 21 MARCH 2025

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Discovery Special Masters And Referees: A View From Both Sides

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Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system.

United StatesLitigation, Mediation & Arbitration
Michael A. Jacobs
Michael A. Jacobs
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Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system. This experience has highlighted both the challenges these appointments can present and the opportunities they offer for efficient dispute resolution.

The Legal Framework

Federal Law: Special Masters

Rule 53 of the Federal Rules of Civil Procedure (FRCP) governs the appointment of special masters in federal courts. The rule permits appointment for various purposes, including discovery. The scope of a special master's authority must be specifically defined in the appointing order, and the master must file reports and make recommendations as specified by the court.

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