Form 5B:6 Motion to Appoint Special Master

{CAPTION - FORM 1B:1}

{PARTY}'S MEMORANDUM IN

SUPPORT OF MOTION TO APPOINT SPECIAL MASTER

{Party} asks the court to appoint a special master as authorized by Federal Rule of Civil Procedure 53. {See O'Connor's Federal Rules, "Appointment of Special Master," ch. 5-B, §4, p. 243.}

A. Introduction

1. Plaintiff is {name}; defendant is {name}.

2. Plaintiff sued defendant for {state basis of suit}.

3. {Party} files this motion asking the court to appoint a special master to

{CHOOSE APPROPRIATE STATEMENT}

(A) hold trial proceedings and make or recommend findings of fact on {identify issues to be decided in the case}. Fed. R. Civ. P. 53(a)(1)(B).

(B) address the following {pretrial/posttrial} matters: {identify matters to be addressed by special master}. Fed. R. Civ. P. 53(a)(1)(C).

4. {Name of special master} does not have a relationship to the parties, attorneys, case, or court that would require disqualification under 28 U.S.C. §455 if {he/she} were a judge. Attached to this memorandum as Exhibit {letter} is the affidavit of {name of special master}. Fed. R. Civ. P. 53(b)(3)(A). {See O'Connor's Federal Rules, "Grounds for disqualification," ch. 5-B, §4.2.4(2), p. 246.}

5. If {name of special master} is disqualified under 28 U.S.C. §455, {party} asks the court to select a special master. {See O'Connor's Federal Rules, "Grounds for disqualification," ch. 5-B, §4.2.4(2), p. 246.}

B. Argument

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6. A court may appoint a special master to hold trial proceedings and make or recommend findings of fact on issues to be decided without a jury if the appointment is warranted by an exceptional condition or if there is a need to perform an accounting or to resolve a difficult computation of damages. Fed. R. Civ. P. 53(a)(1)(B); see La Buy v. Howes Leather Co., 352 U.S. 249, 259, 77 S. Ct. 309, 315 (1957). {See O'Connor's Federal Rules, "Use of master limited," ch. 5-B, §4.2.4(1), p. 245.}

6. A court may appoint a special master to address pretrial and posttrial matters that cannot be timely and effectively addressed by an available district or magistrate judge of the district. Fed. R. Civ. P. 53(a)(1)(C). {See O'Connor's Federal Rules, "Pretrial & post-trial masters," ch. 5-B, §4.1.3, p. 245.}

{CHOOSE APPROPRIATE PARAGRAPH 7}

7. The appointment of a special master for trial proceedings is warranted by {an exceptional condition/a need to perform an accounting/a need to resolve a difficult computation of damages}. {Describe exceptional condition or need for accounting or damage computation.} {See O'Connor's Federal Rules, "Grounds for appointment," ch. 5-B, §4.1.2(1), p. 244.}

7. The appointment of a special master for {pretrial/posttrial} matters is warranted because there are matters that cannot be addressed timely and effectively by any available district or magistrate judge. {Elaborate.} {See O'Connor's Federal Rules, "Pretrial & post-trial masters," ch. 5-B, §4.1.3, p. 245.}

8. The appointment of a special master will not create unreasonable expense or delay for the parties. Fed. R. Civ. P. 53(a)(3). {Elaborate.} {See O'Connor's Federal Rules, "Expense or delay," ch. 5-B, §4.2.4(3), p. 246.}

C. Conclusion

9. {Briefly summarize the motion.} For these reasons, {party} asks the court to appoint {name of special master} as special master. If {name of special master} is disqualified under 28 U.S.C. §455, {party} asks the court to select a special master.