Agreed Order Appointing Special Master

CAUSE NO.

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' / IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
_____ ST DISTRICT COURT

AGREED ORDER APPOINTING SPECIAL MASTER

ON THIS DAY came on to be heard the Agreed Motion To Appoint A Special Master pursuant to TEX. R. CIV. P. 171 and consent of the parties wherein the parties have requested that this Court appoint a Special Master to hear and resolve all matters necessary to conduct a jury trial on the merits of this case.

The court finds that good cause exists for the use of a Special Master to conduct a jury trial on the merits of this case and to hear any post trial motions.

The court further finds that all of the parties have consented to this order.

IT IS THEREFORE ORDERED as follows:

1. Gary Hall is appointed as Special Master to hear any matter and conduct a jury trial as agreed upon by the parties in this cause.

2. The Special Master’s rulings and orders shall not be appealable by the parties to this Court, but shall be appealable as any other orders of this Court pursuant to the Texas Rules of Civil Procedure. This Court will promptly enter an order or rulings upon the judgment and post trial motions in accordance with the rulings and/or recommendations of the Special Master.

AGREED ORDER APPOINTING SPECIAL MASTER - Page 1

3. The Special Master has and shall exercise the power to regulate all proceedings in every trial and hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under this order. He may require the production before him of evidence upon all matters embraced in reference thereto. He may rule upon the admissibility of evidence and has the authority to put witnesses under oath, and may, himself, examine them, and may call the parties to the action and examine them upon oath.

4. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner as provided for a court sitting in the trial of a case.

5. The parties may procure the attendance of witnesses before the master by the issuance and service of process as provided by law and these rules.

6. The Plaintiff and Defendants shall each be responsible for their portion of the Special Master’s fees and expenses, but this court reserves the right to assess the Special Master fees and expenses as court costs.

Signed this day of , 2003.

Judge Presiding

Attorney for Plaintiff Attorney for Defendant

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