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Rule 53 formally authorizes discovery commissioners for complex cases, with judicial oversight
Summary
The new Rule 53 formalizes the use of discovery commissioners in only complex cases, allows parties to object to appointments, and requires courts to adopt commissioner recommendations by order (failure to object waives review).
Webinar speakers said Rule 53 codifies an existing but varied practice by allowing discovery commissioners in complex cases while preserving judicial oversight and an objection process. "Discovery commissioners ought to be appointed in only complex cases," a committee member said, noting the rule permits hearings and written recommendations that the circuit court must adopt or reject and that failure to object is a waiver.
Committee members acknowledged concerns about cost and access to courts for pro se litigants. They described judicial discretion in appointing and compensating commissioners and said the rule was crafted to limit automatic conversion of commissioner recommendations into orders without court action.
