Ky. Bus. Ct. Doc. R. Prac. BCR 5 app 2

As amended through June 24, 2024

Appendix 2 - Business Court Docket Rules of Practice

Guidelines for Appointment of Special Master or Discovery Referee

The following guidelines apply in cases where the parties or the court determine that a special master or discovery referee would assist the efficient resolution of certain issues under BCR 5.1

Under BCR 4.2(m), the parties are required to consider at the Case Management Meeting whether a special master or discovery referee may assist the efficient resolution of certain issues in the case, and if so determined, to summarize their views in the Case Management Report as required under BCR 4.3(g) (see Appendix 1).

a.Special Master. When considering a Special Master to oversee portions of the case in accordance with CR 53, the parties should consider the following:

i. the proposed scope of the Special Master's authority and tasks;

ii. the grounds for reference under CR 53.01, including a statement describing the basis for disagreement if any party has not joined in or consented to a Special Master;

iii. the name and qualifications of any candidates that the Court should consider as a Special Master, including whether the parties consent to each proposed candidate; and

iv. any requests for special authority to be provided under Rule 53.03.

b.Discovery Referee. In addition to, or as an alternative to a Special Master appointed in accordance with CR 53, counsel are encouraged to give special consideration to the appointment of a discovery referee upon the agreement of the parties, particularly in cases expected to involve large amounts of electronically stored information or when there may be differing views regarding the use of keyword searches, utilization of predictive coding, or the shifting or sharing of costs associated with large-scale or costly discovery. The parties are encouraged to be creative and flexible in utilizing discovery referees to avoid unnecessary cost and motion practice before the Court.

The parties should consider the following regarding the appointment of a discovery referee:

i. the proposed scope of the discovery referee's authority, duties, and powers, including any other issues relevant to the proposed work of the referee;

ii. the name and qualifications of any candidates that the Court should consider appointing as a discovery referee, including whether the parties consent to each proposed candidate;

iii. the proposed compensation of the referee and the source of that compensation; and

iv. the process to be used to submit the discovery referee's findings and/or conclusions to the Court for final decision, including whether the findings and conclusions of the referee are binding on the parties, as if issues have been submitted to binding arbitration, or whether they are subject to further review of the Court.

Ky. Bus. Ct. Doc. R. Prac. BCR 5 app 2

Adopted by order 2019-13, eff. 1/1/2020.