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The role of the special master (who is frequently, but not necessarily, an attorney) is to supervise those falling under the order of the court to make sure that the court order is being followed, and to report on the activities of the entity being supervised in a timely matter to the judge or the judge's designated ...
Parties Can Agree to Use a Special Master Using a Stipulation and Order, the parties agree on the person they will use as a special master. The parties decide what issues the special master has the power to resolve.
As a magistrate judge, Young was a salaried officer of the court?but special masters not on a court's payroll are paid for by the parties to the case. In fact, parties prepay for special masters in most cases, subject to repayment by the losing party if the judge decides to reallocate those costs.
Rule 53 allows for a special master to be appointed only if one of the following exists: (1) the parties consent to the appointment, (2) to hold a trial without a jury or make recommended findings of fact where there is some exceptional condition or accounting or difficult computation of damages, or (3) address pre- ...
In U.S. v. Microsoft, Judge Jackson appointed Lawrence Lessig as a special master (as an amicus curiae) to advise the court about technical issues, and to investigate certain claims, such as Microsoft's assertion that removing Internet Explorer from the Windows operating system would make the system slower.
Judges appointed special masters in about 60% of these cases, that is, in fewer than 2 cases in 1,000 (0.2%).