A Court Appointed Neutral (sometimes referred to as a “Special Master,” “referee,” “discovery master” or other similar terms) is a person appointed by the court to carry out certain action(s) on behalf of the court, typically overseeing particular aspects of litigation. Appointment of Court-Appointed Neutrals/Special Masters is authorized by Rule 53 of the Federal Rules of Civil Procedure and similar state procedures to assist judges in handling pre-trial and certain post-trial matters that cannot be managed effectively and timely by the court. Appointment of a Court Appointed Neutral may be initiated by the Court or at the request of the parties.
Judges typically utilize Court Appointed Neutrals to relieve the court of time-consuming pre-trial discovery and motions practice inherent in complex cases. Pre-trial tasks may include overall case management and scheduling, management and monitoring of electronic discovery issues, resolution of discovery disputes, oversight of depositions in contentious matters, and/or the resolution of pre-trial motions. Courts also have used Court Appointed Neutrals for tasks such as implementing judgments or consent decrees, making recommendations to the court, administering class settlements, or conducting hearings to allocate settlement funds in mass tort cases.
Judges and litigants often find that use of Court Appointed Neutrals can expedite discovery and rulings on motions and promote efficient case management in complex cases.
The Ardis panel of Neutrals includes former judges and lawyers with extensive experience handling complex litigation, as well as lawyers with substantive expertise in technical fields at the heart of many complex cases.
If you have a difficult high-risk or high-value case with a multitude of parties or legal or substantive complexities, contact us to schedule a call with one of our Neutrals to discuss how appointment of a Court Appointed Neutral may be of value in your case. They can even help prepare the necessary court filings to request the appointment.
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