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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- ...
Magistrates are usually full-time court employees. They are always paid a salary by the court. Special masters are appointed pro hoc vice and virtually always are paid by one or more parties. Calculating Fees of Special Masters UC Law San Francisco ? cgi ? viewcontent UC Law San Francisco ? cgi ? viewcontent PDF
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).
2 Essentially, the special master is someone who serves a limited purpose for the court to do things the parties want it to do, to make some difficult findings of facts, or do things that would be impractical for a judge to do or administer. 1 SPECIAL MASTERS NEED TO BE REIGNED IN: WHY RULE FIFTY ... uscourts.gov ? file ? download uscourts.gov ? file ? download
2 Essentially, the special master is someone who serves a limited purpose for the court to do things the parties want it to do, to make some difficult findings of facts, or do things that would be impractical for a judge to do or administer.
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.