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 Source-Code Inspection

Source-code disputes put a court in a bind: the questions turn on code neither side will let the other read, and the judge cannot review it from the bench. This annotated order appoints a neutral to examine the code in a controlled environment and report findings the Court can rely on without the code entering the record.

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 neutral role

The Court appoints [Name] as Special Master under Rule 53(a)(1)(C) to examine, or to supervise the examination of, the disputed source code and to report findings on the technical questions set forth below, reserving all questions of law to the Court.

Note — Frame the master as a neutral examiner reporting technical findings — not an advocate's expert. The reservation of legal questions keeps the master within Rule 53's bounds.

Technical questions referred

The Special Master shall examine the source code to address: [authorship and provenance / literal and non-literal copying / functional equivalence / presence of the accused functionality / trade-secret use], and shall report findings sufficient for the Court to resolve the disputed issues without itself reviewing the code.

Note — State the precise technical questions. The goal is a report that lets the Court decide the issue without the code being filed — the entire reason a neutral is used here.

Inspection environment

Inspection shall occur on a standalone, secured computer, not connected to any network, located at [location / the neutral's secured facility]. The producing party shall load the designated code; no copies, photographs, or transcriptions shall be made except as this Order permits.

Note — A controlled, air-gapped environment is the market standard for code inspection. Specify who provides and loads the machine, and prohibit uncontrolled copying.

Protective order and access

The disputed code shall be designated Highly Confidential — Source Code under the Protective Order. Access is limited to the Special Master and personnel the Special Master identifies in writing as necessary, each of whom shall execute the Protective Order's undertaking.

Note — Tie access to the highest tier of the protective order and log every person who touches the code. This is what makes the producing party comfortable enough to produce.

Handling of notes and work product

The Special Master may take notes referencing code by file name and line number. Any printed excerpts shall be limited to those reasonably necessary to the findings, shall be maintained under seal, and shall be returned or destroyed at the conclusion of the engagement as the Court directs.

Note — Line-and-file references, not code dumps, belong in a report. Address retention and destruction up front so the engagement closes cleanly.

Reporting

The Special Master shall submit a written report stating findings on the questions referred. The report shall be filed under seal and shall avoid reproducing source code except to the minimum extent necessary, using file and line citations in preference to code text.

Note — The report is the deliverable that keeps the code out of the public record. Default to citations over quotation, and file under seal.

Compensation and review

The Special Master shall be compensated at $[__] per hour, allocated [equally / as the Court directs] under Rule 53(g). Objections to the report are due within [14] days; the Court will review the findings under the standard set by Rule 53(f).

Note — As with any Rule 53 reference, fix compensation and the review standard. Source-code references are labor-intensive; a clear rate and allocation avoid friction mid-engagement.

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