§53.3.8 Strategic and Practical Considerations

• Jurisdiction: Washington

§53.3.8 STRATEGIC AND PRACTICAL CONSIDERATIONS

In a multiparty case in which discovery disputes are reasonably anticipated and the parties are solvent, consider use of a special master early in the lawsuit pursuant to CR 53.3. CR 29 also provides the parties authority to stipulate regarding discovery matters, and RCW 4.48.010 authorizes the court to appoint a referee to adjudicate "all or any of the issues in a civil action." Thus, the court will enter an order of reference appointing an attorney special master if the parties agree, absent some unusual difficulty. Even if the parties do not agree, the court has discretion to appoint a special master. Ideally, a lawyer with expertise in the general area involved in a case should be appointed, and the appointment should be made early enough in the case so that he or she does not have to "catch up" with previous rulings. The order of reference should assign all nondispositive motions and other discovery matters to the special master. The order of reference also should provide for compensation of the special master. Unless the court desires...