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Special Master Discovery Master SDM Rule 53 FRCP 53

Marc Mayerson may be appointed Discovery Master, or as an E-Neutral or E-mediator.

Special Master; Special Discovery Master


With the press of matters in the civil-court system courts stretching the resources and mindshare of the trial judge,  parties are asking that subsidiary questions be resolved by someone other than the trial judge who can reach a speedy decision without the pressures of being an a "hot" trial bench expediting hearings on criminal matters as the Constitution requires.  Court have express authority to retain "special masters" for particular purposes, who generate a report that, if challenged, may be reviewed by the trial judge. In selecting a special master, the parties reasonably expect to receive a fair shake and most important  a prompt, reasoned ruling.  It is crucial to avoid utilizing a special master or "special discovery master" (SDM) as a "sub-layer" to the court system where its de rigueur to appeal every single ruling to the trial judge, thus necessitating more time and redundant work.  One hopes that  a special master may be able to focus on a part of the case in greater depth than will the trial judge, for the job of the special master is to help ready the case for trial.  Many courts appoint special masters for the purposes of ironing out discovery disputes between the parties.


The right combination of trial judge and special master can result in smooth, expedition resolution.  Marc Mayerson's long and deep familiarity with discovery in complex civil matters, include ones involving parallel civil and law-enforcement proceeding enables him to review and sort through a discovery dispute and order feasible dates for compliance with his order.  In addition, his extensive background with electronic discovery and corporate recordkeeping and records-management systems allow him to understand realistically what a party can do, or can with effort do, to comply with discovery.  Marc can be retained as the electronic-discovery master or as an e-mediator, e-neutral, or electronic-discovery mediator, whose role is to work with the parties to establish the paramenters for fair and effective ediscovery.


Having filed many motions to compel. or defending others, Marc Mayerson has a good sense of what clients and the court will think.  Marc also has extensive knowledge of the law of discovery and privilege, and if one side is not playing "cricket" with the other, then Marc's background as a fellow-litigator and law professor naturally will produce didactic rulings that the parties would be well advised to consider moving forward.  He has seen most kinds of discovery and pretrial disputes over the past nearly thirty years in private practice.


While retaining  the firm as Special Discover Master makes most sense the the District, Maryland, and Virginia area, hearings can easily be scheduled in major centers where lawyers are, clients are, or case is. As arbitrator, Marc Mayerson has experience conducting hearings using video-conference platforms. So, the situs of the court is not an impediment to The Mayerson firm PLLC's being retained on the case, with your judge's permission.

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