A special master is an individual appointed by a court to carry out specific actions on its behalf. Traditionally, a special master is distinguished from a master. A master’s function is primarily investigative, involving the compilation of evidence or documents to inform some future action by the court. In contrast, a special master carries out direct actions on behalf of the court. However, in practice, the term special master is often used for individuals performing purely investigative work, and the use of the simple master designation has become less common.
The activities carried out by special masters are as diverse as the actions taken by courts. They are frequently appointed as facilitators in child custody cases, where they help manage disputes and ensure compliance with custody arrangements. Additionally, the term special master was notably used to describe the person appointed by Congress to administer compensation for the victims of the 9/11 terrorist attacks in New York.
Special masters often play crucial roles in original jurisdiction cases decided by the Supreme Court, especially in disputes involving state boundaries. In such cases, special masters resolve questions of geography or historical claims, as exemplified in New Jersey v. New York, 523 US 767 (1998).
In U.S. v. Microsoft, Judge Jackson appointed Professor Lawrence Lessig as a special master (as an amicus curiae) to advise the court about technical issues, and to investigate certain claims, such as Microsoft’s assertion that removing Internet Explorer from the Windows operating system would degrade system performance.
Occasionally, attorneys conducting a deposition in a remote, non-courthouse location may anticipate potential issues, such as a witness refusing to testify. For good cause shown, judges may appoint a special master to attend the deposition and make evidentiary rulings on the spot, ensuring the deposition proceeds smoothly.
[Last updated in June of 2024 by the Wex Definitions Team]