FAQs

How do Special Master hearings work and where are they held?

Whether it’s a teleconference or a face-to-face hearing, a Special Master hearing is just like a Court hearing. The process is formal and governed by the rules of procedure and evidence.

We might hold the hearing at one of the lawyer’s offices, at Mr. Bayer’s office, or at the Court. Where we hold hearings will be decided by mutual consent, unless there is no consent, in which case Mr. Bayer will chose where to hold hearings.

What if I don’t fully understand what all this “Special Master” stuff is about?

We’ve tried to provide background materials and other resources about a variety of issues and distinctions involved in dispute resolution in our Knowledge Center.

When it comes to Special Master services, most attorneys with a need for a Special Master already know what’s entailed in the legal process.

However, if you’re a client, a legal assistant, or another interested party and no one has yet been appointed to assist your Court and you want to get a better picture of what’s involved, please just pick up the phone and call Mr. Bayer at the office - or at home. He loves to help people understand the value of Special Master processes and how the parties can receive the most advantage from them.

What do I need to know about Mr. Bayer’s approach to make the best use of the Special Master process with my client?

1. Mr. Bayer expects lawyers to behave according to the Code of Professional Responsibility and follow the Lawyer’s Creed - just as you would before a judge.
2. Briefing needs to incorporate rules, statutes and case authority.
3. Positions need to be supported by evidence - documents, affidavits, depositions, or live testimony, as appropriate.
4. Eloquent arguments, based on #2 and #3 above, score big.
5. Histrionics and breathless, over-the-top, unsubstantiated statements will probably cost you.
6. If you’re going to accuse the other side of “bad faith,” you’d better have solid evidence to support the accusation.

How do we communicate with Mr. Bayer during a Special Master process?

The Special Master process is formal, rule-bound, and Court-like in every respect. This means that once Mr. Bayer has been appointed by the Court, no one should have ex parte contact with him. Administrative issues will be handled by Ms. Chaky.

How do we pay for this work?

The judge may have ordered Mr. Bayer an hourly rate for his Special Master services. If the judge hasn’t ordered an hourly rate, Mr. Bayer’s hourly rate for Special Master services is $350 per hour and Ms. Chaky’s hourly rate is $60 per hour, plus actual expenses.

The judge’s order may contain provisions about deposits and billing. If it doesn’t, we will determine the amount of the deposit you need to make for all services at the Initial Conference. Further details about our payment process are available under Fees and Charges. 

What happens to our deposit if the case settles before it is used up?

There are times when cases settle during a Special Master process. If your case settles during the process, we will refund your remaining deposit in whatever way the parties were ordered to pay it in the Special Master Order. We will disburse any remaining funds once we receive the Order of Dismissal from the Court.

How do we file documents?

When documents will ultimately be reviewed by a Special Master, judges have particular ways they want those documents to be filed with the District Clerk’s office. We will discuss your judge’s preferences during your Initial Conference.

All pleadings must be filed with the Court. Mr. Bayer only wants to receive copies of pleadings that are necessary for him to make a fully informed Report and Recommendations to the Court.

There may be times when Mr. Bayer needs to see additional filings, documents or exhibits that set the context for his Report and Recommendations. Unless he specifically asks for such documents, however, he would prefer that you do not submit them to him.

When you submit documents to our office, you are welcome to send them electronically or by FAX, courier, or by US Postal Service. Our communication policies are detailed above. 

In cases where you have many lengthy exhibits to transmit, you may send us your pleading electronically - without your exhibits attached. In these cases, though, please send us email notification that your exhibits will follow by courier or US Mail.

How do we have matters considered by Mr. Bayer?

When you want Mr. Bayer to consider a matter, file your submission with the Court. You can request that he simply consider a matter on the papers alone or you can request a hearing on the matter. At the time of submission, you need to decide which path you want to take. In your submission, state whether you’re also requesting a hearing and bring the submission and your preference about a hearing to Mr. Bayer’s attention by emailing Ms. Chaky.

Mr. Bayer allows the opposing parties 10 business days to file written responses to what was submitted with the Court and to bring the responses to his attention by emailing Ms. Chaky. If you choose, you may also have 5 business business days to file a brief reply to the opposing parties’ responses with the Court and bring it to Mr. Bayer’s attention by emailing Ms. Chaky. There will be no other responses or replies.

If you want to have a hearing about your submission, you will request either a teleconference or a face-to-face hearing by emailing or calling Ms. Chaky. If you want to have a written record of your teleconference or face-to-face hearing, you will need to arrange for a court reporter. Mr. Bayer is happy to accommodate teleconferences, but if any party wants a face-to-face hearing, that’s what we’ll have.

When you’ve made your choices, just give Ms. Chaky a call.