(a) Appointment. The court in which any action is pending may appoint a special master either to preside at depositions or to adjudicate discovery disputes, or both. Such appointment may be made, for good cause shown, upon the request of any party in pending litigation or upon the court’s own motion.
Rule 53.3.Appointment of masters in discovery matters
Group 6: Trials · Last amended September 24, 1993 · Last verified July 13, 2026
In one sentenceRule 53.3 lets the court in a pending action appoint a licensed Washington lawyer as a special master, for good cause, to preside at depositions or resolve discovery disputes, and sets the master's compensation and the scope of the master's authority.
Full Text of Rule 53.3
(b) Qualifications. The master shall be a lawyer admitted to practice in the state of Washington.
(c) Compensation. The compensation of the master shall be fixed by the court. Payment of the master’s compensation shall be charged to such of the parties or paid out of such other available funds as the court shall direct, but in determining payment of compensation the court shall take into account the relative financial resources of the parties and such other factors as the court deems appropriate.
(d) Powers. The order of reference to the master may specify the duties of the master. It may direct that the master preside at depositions and make rulings on issues arising at the depositions. It may direct the master to hear and report to the court on unresolved discovery disputes and to make recommendations as to the resolution of such disputes, as to the imposition of terms or sanctions to be assessed against any party, and as to which party or parties shall bear the costs of the master. If directed by the court, the master shall prepare a report upon the matters submitted to the master by the order of reference. A party may request that the report be sealed pursuant to rule 26(c). The report with the rulings and recommendations of the master shall be reviewed by the court and may be adopted or revised as the court deems just.
Amendment History
Adopted Sept. 2, 1993, effective Sept. 24, 1993. Washington Local, State & Federal Court Rules Copyright © 2026 All rights reserved.
Plain-English Summary
Rule 53.3 authorizes the court in any pending action to appoint a special master to preside at depositions, to adjudicate discovery disputes, or both. The appointment is made for good cause shown, either at a party's request or on the court's own motion. The rule requires the master to be a lawyer admitted to practice in Washington, and leaves the master's compensation to the court, which fixes the amount and directs whether it is charged to particular parties or paid from other available funds — taking into account the parties' relative financial resources and any other factor the court considers appropriate.
The order appointing the master may spell out the master's duties: presiding at depositions and ruling on issues that come up there, or hearing unresolved discovery disputes and reporting to the court with recommendations on how to resolve them, what terms or sanctions to impose on a party, and which party should bear the master's costs. If the court directs it, the master prepares a report on the matters referred, which a party may ask to have sealed under Rule 26(c). The court reviews the master's rulings and recommendations and may adopt or revise them as it finds just.
Frequently Asked Questions
Who can be appointed as a special master under Rule 53.3?
Only a lawyer admitted to practice in the state of Washington.
What can a special master under this rule do?
Depending on what the order of reference specifies, a master may preside at depositions and rule on issues that arise there, or hear unresolved discovery disputes and recommend how to resolve them, including what sanctions or terms to impose and who should pay the master's costs.
Who pays for a special master?
The court fixes the master's compensation and directs whether it is charged to particular parties or paid from other available funds, considering the parties' relative financial resources and any other factor the court finds appropriate.
How does a court's appointment of a master under Rule 53.3 come about?
The court appoints a master for good cause shown, either at the request of a party in the pending litigation or on the court's own motion.
What happens to a special master's report?
If the court has directed the master to prepare one, the report goes to the court along with the master's rulings and recommendations, and the court may adopt or revise them as it deems just. A party may ask that the report be sealed under Rule 26(c).
Is a Rule 53.3 special master the same as a referee under Rule 53.1?
No. Rule 53.3 creates its own procedure, set out directly in the rule, for a master who presides at depositions or resolves discovery disputes. Rule 53.1 instead points to the separate statutory scheme in RCW 2.24 and RCW 4.48 governing referees.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
Also known as: special master discovery disputesmaster for depositionsappointing a special masterspecial master compensation and reportCR 53.3 qualifications