Restrictions on the Use of Special Masters
Texas Rule of Civil Procedure 171 allows a court to appoint a master in chancery "in exceptional cases, for good cause." In its In re Behringer Harvard Tic Management Services LP opinion, the Dallas Court of Appeals reminded us of what the Texas Supreme Court said about "exceptional cases" almost 20 years ago. A court's busy schedule and general reference to complexities of discovery do not make a case exceptional. Thus, the court of appeals conditionally granted a petition for writ of mandamus to order the district court in this case to vacate an order appointing a special master to handle in camera review of documents. The court's opinion may be found here.
