California v. Nevada
Headline: Court grants leave to file a complaint and appoints a special master to run hearings, gather evidence, issue subpoenas, and make parties share related costs; Chief Justice may replace the master during recess.
Holding:
- Appoints a special master to run hearings and gather evidence.
- Allows the master to issue subpoenas and summon witnesses.
- Requires parties to share the master’s expenses as the Court later directs.
Summary
Background
A party asked the Court for permission to file a formal complaint, and the Court granted that request. The Court appointed the Honorable Robert Van Pelt, a senior federal judge in Nebraska, to serve as Special Master to manage this case. The order lists what the Special Master may do and how his work will be paid for.
Reasoning
The Court authorized the Special Master to set times and conditions for filing extra court papers, to direct later steps in the case, and to take evidence. The Master may summon witnesses and issue subpoenas to get testimony or documents he thinks necessary. He must submit reports as he sees fit. The Master will be allowed his actual expenses, and the Court ordered that his allowances, assistants’ pay, printing costs for his report, and other proper expenses be charged to the parties in proportions the Court will decide later.
Real world impact
Practically, the Court has handed day-to-day management of the case to the Special Master, who can compel evidence and oversee hearings. Parties should expect to bear costs tied to the Master’s work, allocated later by the Court. The order also allows the Chief Justice to name a replacement if the Special Master’s job becomes vacant while the Court is on recess, so the case can continue without delay.
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