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Civil procedure

special master/master in chancery

A special master or master in chancery is an individual appointed by the court to assist with some part of a lawsuit, such as discovery—depositions, written questions, and production of documents—and to make recommendations to the judge on how to resolve related disputes. Courts have held that discovery questions that require extensive examination of highly technical and complex documents by a person having both a technical and a legal background may constitute an exceptional condition sufficient to justify the appointment of a master to supervise such discovery.

In Texas, a special master, also known as a master in chancery, is an individual appointed by the court to assist with specific aspects of a lawsuit, particularly when the case involves complex issues that require specialized expertise. The Texas Rules of Civil Procedure allow for the appointment of a special master by the court under Rule 171. The special master's role can include overseeing discovery processes, such as depositions, interrogatories, and the production of documents. They are also tasked with making recommendations to the judge on how to resolve disputes that arise during these processes. Texas courts recognize that certain cases may involve highly technical and complex documents that necessitate the examination by someone with both technical knowledge and legal expertise. In such instances, the appointment of a special master is justified to ensure that discovery is conducted efficiently and effectively. The special master's findings and recommendations are subject to the court's review and approval.


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