Courts may appoint a master to address pretrial matters that cannot be effectively addressed by the judge, to conduct an accounting, or to perform post-trial functions.

Common uses. Managing document discovery and privilege disputes in large cases; supervising a complex damages accounting; overseeing compliance with an injunction or a settlement; and allocating settlement funds.

Appointment. By order after notice and an opportunity to be heard, stating the master’s duties, the standard of review, the materials to be preserved, and the basis and terms of compensation. Parties may consent to a master for matters that could not otherwise be referred.

Review. Findings of fact and conclusions of law reviewed de novo unless the parties stipulate otherwise; procedural matters for abuse of discretion.

Cost. Paid by the parties as the order allocates, which is the principal objection to appointment and should be addressed by scoping the role tightly.

Selection. Retired judges and experienced practitioners, subject to conflict disclosure. Parties should participate in selection rather than leaving it to the court.

Practical value. In a case with weekly discovery disputes, a referee available on short notice resolves in days what motion practice resolves in months, and the cost saving usually exceeds the fee.