Resources on Special Masters and Court-Appointed Experts


Special Masters

A Study of the Role and Impact of Special Masters in Patent Cases
2009 (PDF, 18 pp.)
Report of a study of the use of special masters in patent litigation.

Managing Class Action Litigation: A Pocket Guide for Judges, Second Edition
2009 (PDF, 40 pp.)
See page 33, Chapter VII. Use of Special Masters and Court-Appointed Experts.
This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). This second edition includes a new section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA. This edition also includes suggestions for judicial review and administration of class settlements, especially regarding the disclosure of claims rates and actual payments to class members.

Manual for Complex Litigation, Fourth Edition
2004 (PDF, 798 pp.)
Several sections of the manual address the use of special masters.

Special Masters' Incidence and Activity: Report to the Judicial Conference's Advisory Committee on Civil Rules and Its Subcommittee on Special Masters
2000 (PDF, 125 pp.)
The Special Masters' Subcommittee of the Advisory Committee on Civil Rules of the Judicial Conference asked the Center to examine how often judges appointed special masters and what functions they asked masters to perform. This report documents the incidence of recent special master consideration and appointment. The authors found that such activity was rare and occurred primarily in high-stakes cases that were especially complex. Party initiative, consent, or acquiescence provided the foundation for appointments and the basis for authorizing activities not contemplated by Rule 53. The subcommittee used the report along with other information in framing a proposed revision of Rule 53 that was published in August 2001.

Use of Expert Testimony, Specialized Decision Makers, and Case-Management Innovations in the National Vaccine Compensation Program
1998 (PDF, 60 pp.)
A report on the Center's study of the vaccine injury program. The report examines why the program was created, its implementation, the filing and termination rates over its course, and participants' views of the program. The authors also discuss whether the program structure would be appropriate in other types of cases.

Sample Order

Referral of Privilege Claims to Special Master
2004 (RTF, 1 pp.)
This sample case-management order is excerpted from the Manual for Complex Litigation 4th § 40.28.

Additional Resources on Special Masters

Appointing Special Masters and Other Judicial Adjuncts: A Handbook for Judges and Lawyers, Second Edition
2009 (PDF 178 pp.) Academy of Court-Appointed Masters
This handbook explains to judges, lawyers, and parties how they can effectively use masters and other judicial adjuncts to help them and contains sample appointment orders and checklists.

Academy of Court-Appointed Masters Resource Center
(External Website)
ACAM maintains this on line Resource Center for use by judges, their clerks, other masters, and attorneys. Resources include recent legal developments in mastering; articles and publications about masters; text of Federal Rule 53 including comments on the 2003 changes; a table of State Court Authorities Governing Special Masters, Referees, Commissioners, and Similar Judicial Adjuncts and Comparison State Rules to Federal Rule of Civil Procedure Rule 53; the Appointing Special Masters and Other Judicial Adjuncts handbook (above); and sample/model appointment orders.


Court-Appointed Experts

Managing Class Action Litigation: A Pocket Guide for Judges, Second Edition
2009 (PDF, 40 pp.)
See page 33, Chapter VII. Use of Special Masters and Court-Appointed Experts.
This pocket guide is designed to help federal judges manage the increased number of class action cases filed in or removed to federal courts as a result of the Class Action Fairness Act of 2005 (CAFA). This second edition includes a new section on determining federal jurisdiction that incorporates case-management practices and judicial interpretations of CAFA. This edition also includes suggestions for judicial review and administration of class settlements, especially regarding the disclosure of claims rates and actual payments to class members.

Manual for Complex Litigation, Fourth Edition
2004 (PDF, 798 pp.)
Several sections of the manual address issues related to court appointed experts.

Neutral Science Panels: Two Examples of Panels of Court-Appointed Experts in the Breast Implants Product Liability Litigation
2001 (PDF, 104 pp.)
This report to the Judicial Conference Committee on Court Administration and Case Management describes two different types of independent panels used in the silicone gel breast implants litigation. The use of such panels of appointed experts represents a marked departure from the traditional means of presenting and considering testimony. This report describes these expert panels in sufficient detail to permit others to understand the procedures that were used, the benefits that resulted, and the problems that arose. A similar version of this report was originally delivered to the Committee in November 1999.

Court-Appointed Experts: Defining the Role of Experts Appointed Under Federal Rule of Evidence 706
1993 (108 pp.) [Not available in electronic format]
A study of why judges rarely appoint experts under Rule 706. In discussing this issue with judges, the authors learned of techniques and procedures that may aid judges when considering whether to appoint an expert or when managing an expert who has been appointed. These suggestions are collected in the final chapter of this report.

Court-Appointed Experts
1986 (25 pp.) [Not available in electronic format]
A description of the appointment of expert witnesses under Federal Rule of Evidence 706. The report discusses procedures for appointing an expert and for payment of the costs.

Additional Resources on Court-Appointed Experts

Court Appointed Scientific Experts: A Demonstration Project of the American Association for the Advancement of Science
(External Website)
The American Association for the Advancement of Science has developed a project that will accept requests for assistance from federal judges to identify suitable independent candidates for appointment in cases involving complex technical evidence using the AAAS's contacts in the scientific, engineering, and health professional communities. The project also has developed educational materials for scientists who are unfamiliar with the legal system.