What is a technical special master?

A technical special master is a neutral, appointed under Rule 53 of the Federal Rules of Civil Procedure or an analogous state authority, to address matters the court cannot effectively reach unaided — questions that are not legal in character but technical, and often voluminous. The appointment serves the bench, not the parties. The master examines the technical record, manages disputes that would otherwise consume the docket, and renders findings and recommendations within the precise scope the appointing order defines. The court retains full authority to adopt, modify, or reject any report.

When should a court appoint a technical special master?

A court should consider an appointment when: the dispute requires inspection of source code, proprietary systems, or large data productions under protective order; discovery has stalled over technical scope, search methodology, preservation, or claimed inaccessibility; the parties' experts present irreconcilable technical accounts the court must reconcile to proceed; or sensitive material requires a neutral to review and report without exposing trade secrets to adversaries.

What technical domains does Daniel B. Garrie cover as a special master?

Daniel B. Garrie serves as technical special master across four core domains: (1) Source Code Review — neutral examination of disputed code in copyright, trade-secret, and patent matters; (2) E-Discovery Disputes — supervision of preservation, collection, search methodology, and proportionality; (3) Cybersecurity & Data Forensics — independent reconstruction of intrusions, data exfiltration, and spoliation; and (4) AI Systems & Algorithmic Disputes — examination of machine-learning systems, training data, model behavior, and automated decision-making.

How does a technical special master appointment work?

An appointment follows four steps: (1) Conflicts & Engagement — a conflicts check confirms neutrality and counsel and the court align on scope; (2) Order of Appointment — the court enters an order under Rule 53 fixing duties, authority, the materials to be reviewed, communication protocol, and compensation; (3) Examination & Hearings — the master reviews the technical record under protective order, convenes the parties as needed, and develops findings of fact; (4) Report & Recommendations — a written report sets out findings and recommendations, the parties may object, and the court reviews de novo or as the order provides.

What is the difference between a special master, a discovery referee, and a forensic neutral?

'Special master' is the broadest and most formal term — a neutral appointed by the court whose authority flows from Rule 53 or an analogous state rule. 'Discovery referee' describes a special master whose mandate is focused on discovery disputes (custodians, search terms, proportionality, privilege). 'Forensic neutral' describes the work rather than the source of authority — a neutral engaged to examine technical evidence impartially such as imaging devices, reconstructing intrusions, or reviewing source code. A single neutral can serve all three roles in one matter.

What courts has Daniel B. Garrie appeared before?

Daniel B. Garrie has been appointed by and appeared before the Los Angeles County Superior Court, the New York Supreme Court, the Delaware Supreme Court, and the United States Courts of Appeals for the Second, Third, and Seventh Circuits — across more than one hundred court-appointed and expert-witness engagements.

What was Daniel B. Garrie's most notable special master appointment?

Daniel B. Garrie was appointed by the Honorable Vince Chhabria of the United States District Court for the Northern District of California as eDiscovery Special Master in In re Facebook, Inc. Consumer Privacy User Profile Litigation. He issued dozens of orders resolving complex disputes over the production of data from one of the world's largest data processors, and oversaw dozens of technical depositions concerning cloud architecture and distributed systems.

How do I engage or request a conflicts check?

Conflicts checks, availability, and proposed terms of reference are handled discreetly and without obligation. Chambers and counsel are welcome to inquire by email at info@lawandforensics.com or by phone at +1-855-529-2466.

What should a technical special master appointment order include?

A well-drafted appointment order should include: the precise technical questions referred with legal questions reserved to the court; the materials, systems, and data the master may examine and any express limits; the master's procedural powers (deadlines, submissions, hearings, production format); integration with the protective order and the environment for reviewing sensitive material; the communication protocol including ex parte contact; the standard of review and objection deadline and procedure; compensation terms including rate, allocation among parties, and billing cadence; and recordkeeping and disposition of work product at close of the engagement.

Model Order Appointing a Special Master for E-Discovery Disputes

This annotated order appoints a special master to resolve the recurring e-discovery disputes — custodians, search methodology, technology-assisted review, preservation, and proportionality — that stall complex dockets. It tracks the requirements of Rule 53(b) and leaves scope precise enough to foreclose later fights about the master's authority.

How to use this. The shaded text is model order language; the note beneath each clause explains its function. Bracketed terms are for you to complete. This is a drafting framework, not legal advice — adapt it to your court, the governing rule, and the operative protective order. Print this page to PDF to circulate it.

Appointment and authority

Pursuant to Rule 53(a)(1)(C) of the Federal Rules of Civil Procedure, the Court appoints [Name] as Special Master to hear and determine, or to hear and recommend the determination of, disputes arising from the discovery of electronically stored information in this action.

Note — Rule 53(a)(1)(C) authorizes a master to address pretrial matters that cannot be effectively and timely addressed by an available district or magistrate judge. State the master's authority to determine (subject to review) or to recommend — the two carry different review standards under Rule 53(f).

Scope of the reference

The Special Master's authority extends to disputes concerning the identification of custodians and data sources; the scope and form of production; search terms and technology-assisted review protocols; preservation and alleged spoliation; claims of inaccessibility under Rule 26(b)(2)(B); and proportionality under Rule 26(b)(1). All questions of law and dispositive relief are reserved to the Court.

Note — The most common source of later motion practice is an ambiguous scope. Enumerate the categories the master may reach, and expressly reserve legal and dispositive questions to the bench.

Procedural powers

The Special Master may set deadlines, require written submissions, convene conferences, compel the exchange of information necessary to resolve a dispute, and direct the manner, form, and sequence of production, consistent with the Federal Rules and this Order.

Note — Give the master the day-to-day case-management tools that make a reference faster than motion practice — deadlines, conferences, and control over the form and sequence of production.

Protective order and confidentiality

The Special Master shall be bound by the Protective Order entered in this action. Materials submitted to the Special Master shall retain their designated confidentiality, and the Special Master's work product shall be maintained in accordance with that Order.

Note — Bind the master to the operative protective order by reference so that submissions do not waive confidentiality and the master's files are governed by the same terms as the parties'.

Ex parte communication

The Special Master may communicate ex parte with the Court. The Special Master may communicate ex parte with a party only on scheduling and administrative matters, or as the parties otherwise agree on the record; substantive communications shall be on notice to all parties.

Note — Rule 53(b)(2)(B) requires the order to address ex parte communications. A neutral's credibility depends on a clear line between administrative and substantive contact.

Compensation and allocation

The Special Master shall be compensated at the rate of $[__] per hour. Fees shall be borne [equally by the parties / as follows], subject to reallocation by the Court under Rule 53(g) upon a showing that a party is more responsible than others for a particular dispute.

Note — Rule 53(g) requires the order to fix compensation and allocate it. Building in outcome-sensitive reallocation discourages parties from manufacturing disputes.

Standard of review and objections

A party may file objections to the Special Master's order, report, or recommendation within [14] days of service. The Court will review findings of fact and conclusions of law de novo, and rulings on procedural matters for abuse of discretion, as provided by Rule 53(f).

Note — Rule 53(f) sets default review standards and lets the parties stipulate otherwise for fact findings. State the objection window and the applicable standard so the parties know in advance how much deference a ruling carries.

Tailoring the Order

A model order is best finalized with the prospective neutral, who can flag the technical-access and protective provisions a specific matter will need. Chambers and counsel are welcome to request a draft framework for an anticipated appointment.

Request a draft framework Guidance for counsel

Other model orders