Understanding the Role of a Special Master in Civil Litigation: A State-by-State Analysis
Posted November 26, 2025
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Civil litigation often involves intricate legal and technical matters, sometimes necessitating the appointment of a special master or master in chancery. These individuals play a crucial role in assisting courts, particularly in complex cases. In this blog post, we explore the function of special masters, how their application varies across states, and why having legal counsel knowledgeable in these areas is vital.
Understanding the Role of a Special Master
A special master, or master in chancery, is an auxiliary legal figure appointed by a court to carry out specific duties in a lawsuit. Their roles can include:
Overseeing discovery processes like depositions, written questions, and document production.
Conducting an extensive examination of technical or complex documents.
Making recommendations to the judge on resolving related disputes.
When is a Special Master Appointed?
Courts typically appoint a special master in scenarios where the issues at hand are highly technical or legally intricate, requiring expertise beyond the court's immediate capacity. For instance, in cases involving complex financial transactions, patents, or technical intellectual property disputes, a special master's specialized knowledge can be invaluable.
State-by-State Variations
The rules and procedures governing the appointment and role of special masters can differ significantly across states:
California: Known for its complex litigation, California frequently uses special masters, especially in cases involving intricate discovery disputes.