Law.com
The Benefits of Using Technical Special Masters
October 1, 2019
By Daniel B. Garrie and Michael Mann
As technology becomes more and more pervasive, there are few litigations in which technology does not play some role. The central issue of a case can often require technical knowledge to understand. When attorneys and judges do not understand the technical concepts at the heart of a dispute, delays and misunderstandings can result.
Thus, courts and attorneys are increasingly looking to alternative processes to address technical issues more efficiently, such as the appointment of technical special masters to guide the parties and court through the technical aspects of the litigation. This article will offer practical guidance on the nuts and bolts of selecting and working with technical special masters to help reduce the time and cost of litigation.
A technical special master is a type of special master appointed by the court to oversee and manage technical issues beyond the expertise of the parties and court. While the exact functions of a technical special master vary from case to case, the responsibilities typically include establishing technical protocols with court mandates, resolving technical issues related to compliance with the protocol and advising the court on technical matters.
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