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County attorney: judge‑ordered special master in major trade‑secret case will drive up 2025 litigation costs
Summary
The Davis County Attorney's Office told the budget committee it may need to increase the professional/technical budget to $100,000 after Judge Russell ordered a special master under Rule 53 in a trade‑secret restitution case; the special master bill could be $30,000–$50,000 and likely fall to the 2025 budget.
Troy told the committee a pending trade‑secret restitution matter will likely require the appointment of a special master under Rule 53 of the Utah Rules of Civil Procedure and said the court has already directed that the county pay the special master's costs.
He described the case as involving local victims and a company with roughly $120 million in annual revenue; victims are seeking approximately $1 million in restitution. Because Judge Russell lacks trade‑secret expertise, the court has ordered a special master to review technical materials and issue findings. Troy said the county expects a special‑master bill of at least $30,000 and probably closer to $50,000.
To prepare for such costs and for other litigation needs — expert witnesses, interpreters, travel and specialized testing — the attorney's office requested increasing its professional and technical line to $100,000 in the 2025 budget. Troy said the special master may begin work in November–December and that the bill will likely be due in mid‑2025.
He noted the defendants are incurring their own expert and litigation costs and said the office would attempt to negotiate payment terms with the chosen special master but could not predict outcomes. The request for the larger professional/technical appropriation is presented as a contingency to ensure the office can pursue victim restitution without declining to fund necessary technical work.
Next steps: the committee heard the budget rationale and may consider the professional/technical increase during the 2025 budget cycle; the office offered to provide case numbers and victims’ names to commissioners on request.
