South Dakota Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees

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US-MOT-01402
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This is a multi-state form covering the subject matter of the title.

A South Dakota Motion to Accept the Report of Special Master for a Settlement Conference and Payment and Disbursement of Fees is a legal document filed in a court case to request the court's approval for a report prepared by a special master regarding a settlement conference and the payment and disbursement of fees related to the case. This motion is typically filed when parties in a lawsuit have engaged in settlement negotiations facilitated by a special master (an impartial third party appointed by the court to assist in resolving the dispute). The report prepared by the special master contains detailed information about the settlement conference, including the parties present, discussions made, agreements reached, and any recommendations provided by the special master. The motion seeks the court's acceptance of this report as a formal record of the settlement conference, which can then be used as a basis for further proceedings in the case. In addition to accepting the report, this motion typically includes a request for the court to approve and order the payment of fees to the special master for their services. The fees may cover the time spent conducting the settlement conference, reviewing relevant documents, and providing recommendations. The disbursement of these fees is often also addressed in the motion, specifying the parties responsible for covering the costs. Different types of South Dakota Motions to Accept the Report of Special Master for a Settlement Conference and Payment and Disbursement of Fees may include: 1. Motion to Accept the Preliminary Report of Special Master: If the settlement conference is conducted in multiple stages, this motion may be filed to request the court's acceptance of a preliminary report prepared by the special master before the final settlement agreement is reached. 2. Motion to Accept Supplemental Report of Special Master: In some cases, new developments may arise after the initial report is submitted. This motion can be filed to present additional information and seek the court's acceptance of a supplemental report provided by the special master, containing updated recommendations or findings. 3. Motion for Payment and Disbursement of Fees to Special Master: This motion focuses solely on the financial aspect, seeking the court's approval for the payment and disbursement of fees to the special master without the need for accepting a report. It may be filed when a settlement conference has not occurred or is not yet resolved, but the special master has provided other valuable services or expertise to aid in the case. It is important to consult the specific rules and requirements of South Dakota courts when drafting and filing a Motion to Accept the Report of Special Master for a Settlement Conference and Payment and Disbursement of Fees, as they may vary depending on the jurisdiction and nature of the case.

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By exam- ining a random national sample of docket entries referring to special masters (including court-appointed experts), we found that in about 3 cases out of 1,000 (0.3%), judges or parties considered formally, on the record, whether a special master should be appointed (see Table 1).

Rule 53 allows the court to appoint special masters to (a) perform duties that the parties to litigation consent to, (b) make findings of facts under certain conditions, and (c) address pretrial and posttrial matters that would be difficult for the judge to do.

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 the court to appoint special masters to (a) perform duties that the parties to litigation consent to, (b) make findings of facts under certain conditions, and (c) address pretrial and posttrial matters that would be difficult for the judge to do.

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 ...

In Federal Court, a Referee is called a "Special Master.? Referees and Special Masters help parties handle the exchange of papers and can help settle some or all of the issues in the case.? Who pays for the Referee or Special Master? The parties pay the Referee or Special Master.

In the law of the United States, a special master is generally a subordinate official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter.

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Download Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees right from the US Legal Forms web site. Federal Rule of Civil Procedure 53 (Rule 53) provides that a “court in which any action is pending may appoint a special master therein”1 and that a “reference ...2010) (discussing special masters approved cost, disbursement, and fee payments to plaintiffs from general settlement fund). Perez v. Carey Int'l, Inc., No ... by DI Levine · Cited by 34 — In federal court, the trial judges have broad discretion in deciding who shall pay the fee of the master under Federal Rule of Civil Procedure 53(a). Generally, ... master in deciding whether to approve consent decree, but reliance cannot be so complete ... disbursement, and fee payments to plaintiffs from general settlement. When reviewing a request, the department shall review paid claims information, Medicare fee schedules, national coding lists, and documentation submitted by the ... This document has been reproduced exactly as received from t~e per"on or organization originating it. Points of view or opinions stated In. Repealed by SL 1992, ch 80, § 13. 10-4-6.1 Exemption from taxation of personal property not centrally assessed--Taxes or fees in lieu unimpaired. However, the executive director may accept a petition in an electronic format ... (a) Estimated costs and expenses to be paid by the borrower out of the principal ... Nov 2, 2023 — A Special Master submitted a Report and Recommendation to the CPAP recall MDL judge advising the court to reject virtually all of the arguments ...

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South Dakota Motion to Accept the Report of Special Master For a Settlement Conference and Payment and Disbursement of Fees