Oklahoma v. Arkansas

Background

The Court ordered that the Honorable William H. Becker, a senior judge, be appointed Special Master in this case. The order gives him authority to fix the time and conditions for additional filings, to direct subsequent proceedings, and to take and gather evidence. The Master is directed to submit such reports as he deems appropriate, and he is allowed his actual expenses; the order also provides that those expenses and related costs will be charged to the parties as the Court later directs. The opinion references an earlier order in the case.

Reasoning

The Court’s action is procedural: it empowers the Special Master to manage pretrial and evidentiary tasks. Specifically, the Master may summon witnesses, issue subpoenas (formal orders to require witnesses to attend or produce documents), accept evidence, and determine what additional pleadings are necessary. He may set schedules and conditions for filings and direct further proceedings. The Master may have technical, stenographic, and clerical assistants whose compensation and the cost of printing reports are to be borne by the parties in proportions the Court will set. The order also allows the Chief Justice to appoint a replacement if the Special Master’s position becomes vacant during a Court recess.

Real world impact

A court-appointed neutral judge will organize evidence gathering and scheduling, which can speed and structure how the case proceeds. Parties should expect to pay the Master’s expenses and related costs, subject to later allocation by the Court. Because this order is procedural, it affects how the case is handled rather than resolving the underlying dispute.