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 Vermont, the appointment of a special master or master in chancery is governed by the Vermont Rules of Civil Procedure, specifically Rule 53. This rule allows a court to appoint a special master to perform duties consented to by the parties or prescribed by the court, which can include overseeing complex discovery processes. The appointment is typically justified when the issues at hand are highly technical or complex and require expertise that a judge may not possess. The special master's role is to ensure that the discovery process is conducted efficiently and to make recommendations to the judge on how to resolve disputes that arise during discovery. The use of a special master is considered an exceptional measure, reserved for cases where their specialized knowledge in both technical and legal matters can significantly aid in managing intricate aspects of the case. The court will provide specific instructions regarding the scope of the special master's authority and duties, and their recommendations are subject to the court's review and approval.