RS 4165 - Special masters; appointment; duties and powers; compensation
A. Pursuant to the inherent judicial power of the court and upon its own motion and with the consent of all parties litigant, the court may enter an order appointing a special master in any civil action wherein complicated legal or factual issues are presented or wherein exceptional circumstances of the case warrant such appointment. The consent of the parties litigant may be contingent upon any of the following:
(1) An estimate of the amount of the compensation of the special master.
(2) The identity of the special master.
(3) The court's anticipated specifications of the powers of the special master as defined by Subsection B of this Section.
B. The order appointing a special master may specify or limit the master's powers. Subject to such specifications or limitations, the master has and shall exercise the power to regulate all proceedings before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties.
C.(1) The court may order the master to prepare a report upon the matters submitted to him and, if in the course of his duties he is required to make findings of facts or conclusions of law, the order may further require that the master include in his report information with respect to such findings or conclusions.
(2) The report shall be filed with the clerk of court and notice of such filing shall be served upon all parties.
(3) Within ten days after being served with notice of the filing of the report, any party may file a written objection thereto. After a contradictory hearing, the court may adopt the report, modify it, reject it in whole or in part, receive further evidence, or recommit it with instructions. If no timely objection is filed, the court shall adopt the report as submitted, unless clearly erroneous.
D. The master's compensation shall be reasonable, fixed by the court as limited by Subsection A of this Section, and taxed as costs of court.
E. Notwithstanding any other provision of law to the contrary, including Code of Evidence Article 706, the provisions of this Section shall provide the sole authority and procedure for the appointment, duties, powers, and compensation of a special master.
F.(1) For causes of action arising from a disaster within a parish declared by the president of the United States to be subject to a major disaster declaration under 42 U.S.C. 5121 through 5207 and certified for individual assistance in accordance with the provisions of 44 CFR 206.48(b), the judges with civil jurisdiction in any court of competent jurisdiction may en banc appoint one or more special masters for all causes of action related to first-party insurance property damage claims.
(2) Notwithstanding any other provision of law to the contrary, any order issued pursuant to this Subsection may provide for the appointment, duties, or compensation of the special master or masters in any manner directed by the court, and the court shall allow a party an opportunity to file a motion to opt out of the proceedings before the special master upon a showing of good cause.
(3) The appointment of a special master shall terminate upon determination by the appointing judges en banc.
(4) Each court in which a special master is appointed shall file an annual report of the preceding calendar year by February first of the following year, to the Louisiana Supreme Court, the House Committee on Civil Law and Procedure, and the Senate Committee on Judiciary A on the number, rate of compensation, duties, and assignments of each special master under its jurisdiction as well as the status of each cause of action assigned to each special master in the aggregate. The provisions of this Paragraph shall be applicable only to appointments made pursuant to this Subsection.
(5) An order pursuant to this Subsection shall comply with the requirements of Fed. Civ. R. 53 as to the appointment and disqualification of a master, except to the extent those requirements are specifically inconsistent with state law.
(6) Notwithstanding any other provision of law to the contrary, any order issued pursuant to this Subsection may provide for mandatory mediation with the goal of expedited dispute resolution using a qualified neutral mediator appointed and compensated in the manner directed by the court.
(7) Any special master appointed pursuant to this Subsection may waive the appointment. Orders initially issued pursuant to this Subsection after January 1, 2022, shall provide for an opt-out upon request of any party.
(8) Notwithstanding any provision of law to the contrary, no provision or policy form issued in this state may be construed to impair a court's authority under this Subsection, and no provision of this Subsection shall impair the jurisdiction or venue of any court of proper jurisdiction and venue in this state.
Acts 1997, No. 580, §1; Acts 2014, No. 521, §1; Acts 2021, No. 318, §1.