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 Neutral Forensic Examiner

When a case needs devices imaged, an intrusion reconstructed, or data identified and removed, a neutral forensic examiner spares the court a battle between each side's expert. This annotated order sets the imaging protocol, the chain of custody, and a privilege screen — and confines the neutral to facts, reserving conclusions to the parties and the Court.

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 mandate

The Court appoints [Name] as Neutral Forensic Examiner and Special Master under Rule 53 to forensically image and examine the devices and data sources identified below, and to report factual findings, reserving all legal conclusions to the Court and the parties.

Note — A forensic neutral is a fact gatherer, not a problem solver. Confine the mandate to imaging, examination, and factual reporting.

Devices and data sources

The examination shall cover: [identified computers, mobile devices, servers, cloud accounts, and storage media]. The parties shall facilitate access and provide credentials necessary for imaging. The Examiner shall not exceed the sources enumerated without further order.

Note — Enumerate the sources precisely and require cooperation on access and credentials. An open-ended device list invites disputes about overreach.

Imaging protocol and chain of custody

The Examiner shall create forensically sound images using write-blocking and shall record hash values for each image. The Examiner shall maintain a documented chain of custody for all media and images from acquisition through disposition.

Note — Write-blocking, hashing, and a documented chain of custody are the baseline of defensible forensics. State them so the resulting evidence is not vulnerable to an authenticity challenge.

Privilege and confidentiality screen

Before any material is disclosed to a party, the producing party shall have the opportunity to review the Examiner's proposed production for privilege and confidentiality and to log withheld items. The Examiner shall handle all data under the Protective Order.

Note — Build in a privilege review before disclosure. A neutral examination that skips the privilege screen creates waiver risk that can sink the engagement.

Identification and removal of data

Where the Order contemplates the identification and removal of specified data (for example, misappropriated files or inadvertently produced material), the Examiner shall identify candidate items, submit them for the parties' review under the protocol above, and remove or remediate only as the Court directs.

Note — Removal is powerful and irreversible; gate it behind party review and a court direction. This clause is what makes a neutral useful in trade-secret and inadvertent-production matters.

Report

The Examiner shall submit a written report describing the process of collection, processing, analysis, and review, and stating factual findings. The report shall present no legal findings or conclusions, which are reserved to the Court and the parties.

Note — The report describes method and facts. Keeping legal conclusions out preserves the neutral's role and the report's utility to both sides.

Compensation and review

The Examiner shall be compensated at $[__] per hour, allocated under Rule 53(g). A party may object to the report within [14] days; the Court reviews under Rule 53(f).

Note — Standard Rule 53 compensation and review terms. Forensic engagements can expand with the data volume; a clear rate and allocation prevent mid-course disputes.

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