§ 13:4165 — Special masters; appointment; duties and powers; compensation

Louisiana § 13:4165

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§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 to serve in a major disaster area 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. The provisions
of this Paragraph related to opt-out shall also not apply to any order initially issued on or
before December 31, 2022, in any judicial district that has not previously issued an order
pursuant to the provisions of this Subsection related to the qualifying disaster event.
(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.
(9) Notwithstanding any provision of law to the contrary, any order issued pursuant
to this Subsection shall be applicable to the successor in interest to any party subject to the
order, in the same manner as originally applicable to the insured or insurer.
(10) A guaranty association may voluntarily participate in a mediation initiated
pursuant to a case management order six months after the guaranty association assumes
responsibility for the payment of covered claims pursuant to an express order of the
receivership court or pursuant to an order of liquidation by the receivership court, or at such
time prior to the expiration of six months as the guaranty association in its sole discretion
determines that it has sufficient information to participate in a mediation. No participation
by a guaranty association in a mediation shall waive any rights afforded the guaranty
association under the provisions of R.S. 22:2051 et seq.

Legislative History

Acts 1997, No. 580, §1; Acts 2014, No. 521, §1; Acts 2021, No. 318, §1; Acts 2022, No. 753, §1, eff. June 18, 2022.