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 Montana, a special master, also known as a master in chancery, can be appointed by the court to assist with complex aspects of a lawsuit, particularly during the discovery phase. This includes overseeing depositions, written questions, and the production of documents. The appointment of a special master is typically justified under exceptional conditions, such as when the discovery process involves the examination of highly technical and complex documents that require expertise from someone with both technical knowledge and a legal background. The use of a special master is governed by the Montana Rules of Civil Procedure, specifically Rule 53, which outlines the circumstances under which a special master may be appointed, their powers, duties, and the procedures for their appointment. The rule ensures that the special master's role is to aid the court in managing intricate legal issues and to provide recommendations to the judge on how to resolve related disputes.