Scott A. Bailey

Appointing Order Information

The Federal Rules of Civil Procedure (FRCP) Rule 53 provides the authority for appointment of a special master and outlines the specific requirements.

A sample order for appointing a Special Master for ESI is available for download from the Documents page.

Set forth below are the specific items that should be addressed in the appointing order with links to the the corresponding FRCP rule.
  1. Outline and document the duties of the master, including any investigation or enforcement duties and any limits on the master’s authority. Fed. R. Civ. P. 53(b)(2)(A).
  2. Identify the circumstances, if any, in which the master may communicate ex parti with the court or a party. Fed. R. Civ. P. 53(b)(2)(B).
  3. Describe the nature of the materials to be preserved and filed as the record of the master’s activities. Fed. R. Civ. P. 53(b)(2)(C).
  4. Identify the time limits, method of filing the record, other procedures, and standards for reviewing the master’s orders, findings, and recommendations. Fed. R. Civ. P. 53(b)(2)(D).
  5. Detail the basis, terms, and procedures for fixing the master’s compensation. Fed. R. Civ. P. 53(b)(2)(E)
The court may issue the appointing order only after:
  1. The master files an affidavit Fed. R. Civ. P. 53(b)(3) disclosing whether there is any ground for disqualification under 28 U.S.C. §455; and
  2. If a ground is disclosed, the parties, with the court’s approval, waive the disqualification.
(Note: This material is for informational and illustrative purposes. See the site Terms of Use page for more information.)
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