Rule 144 - [Effective until 12/9/2024] Master's Reports(a) Final Reports. A Master shall issue a decision in the form of a final report. A final report may be provided orally on the record or in writing. The final report shall be filed with the Register in Chancery and include factual and legal determinations sufficient to support the Master's decision and to permit de novo review by the Court.(b) Draft Reports. Before issuing a final report, a Master may provide the parties with the report in draft form. A draft report may be provided orally on the record or in writing. The Master may modify the draft report in response to exceptions by the parties or as the Master deems appropriate. Any party failing to file a notice of exception within the period prescribed by this rule shall be deemed to have waived the right to review the report, except insofar as the report is modified in response to the exceptions of other parties.(c) Exceptions. Any party may take exception to a final report or a draft report. Exceptions to a draft report shall be heard by the Master and shall be addressed in the final report issued by the Master. Exceptions to a final report shall be heard by the Court. If the Master files a draft report, then the only exceptions that a party may take to a final report are (i) exceptions to the draft report that were timely filed and disallowed and (ii) exceptions to any differences between the draft report and the final report. If a notice of exception to a final report is not timely filed, then the parties shall be deemed to have stipulated to the approval and entry of the report as an order of the Court.(d) Schedule For Taking and Briefing Exceptions. Unless otherwise agreed by the parties or directed by the Master or the Court, the following schedule shall govern the taking and briefing of exceptions.(1) In actions that are not summary in nature or in which the Court has not ordered expedited proceedings, any party taking exception shall file a notice of exceptions within eleven days of the date of the report. The party taking exception shall file its opening brief in support of its exceptions within twenty days after filing the notice of exception. Any party opposing the exceptions may file an answering brief within twenty days after the filing of the exceptant's opening brief. The exceptant may file a reply brief within fifteen days of the answering brief. If the party taking exception fails to file a timely opening brief, then the notice of exception shall be deemed withdrawn.(2) Reports without exception by any party. In any case where no party takes exception, within the time periods allowed above, to the draft report or to the final report, the report shall be deemed final, and the parties shall be deemed to have stipulated to the approval and entry of the report as a final order of this Court. The Master shall submit the report to the presiding Chancellor or Vice Chancellor for review and for entry of the report as an order of the Court, as appropriate. The Court will review the legal and factual findings in the final report de novo. If the Court does not indicate otherwise within one week of the date upon which the period for taking exceptions expired, the Report shall be deemed adopted in its entirety as an Order of the Court by stipulation of the parties, and shall have the same effect as though ordered by a Chancellor or Vice Chancellor, as of the date it was issued by the Master, nunc pro tunc.(e) Record For Taking Exceptions. Proceedings before the Court on any exceptions shall be on the record before the Master, unless the Court determines otherwise for good cause shown. Any party taking exception to an oral report shall obtain a transcript of the report, which shall be filed as an exhibit to the party's opening brief. If a party wishes to rely on a transcribed portion of the record when taking exception to or opposing an exception to a report, then the party that wishes to rely on the transcribed portion shall obtain the appropriate portion of the transcript and file it as an exhibit to the opening or answering brief, as applicable. The Court or the Master may order additional portions of the transcript and tax the parties as appropriate.(f) Stay of Exceptions. For good cause shown, the Master may stay the time for taking exceptions to a report until a later phase of the proceeding.(g) Shortened periods for certain orders. An order of the type identified in this section, when issued by the Master, shall constitute a final report for purposes of this Rule, except that any notice of exception to the report shall be filed within three days of the entry of the order. If no exceptions are taken, the order shall be considered submitted to the Chancellor, who will review order de novo and enter it as an order of the Court to the extent appropriate. If the Court does not indicate otherwise within three days after the expiration of the period for taking exceptions, the order shall be deemed adopted in its entirety as an order of the Court, and shall have the same effect as though issued by a Chancellor or Vice Chancellor, as of the date it was issued by the Master, nunc pro tunc. The types of orders falling within this section are scheduling orders, any order issued in an uncontested civil miscellaneous action, preliminary orders setting a matter for a hearing and directing that notice shall be provided, and returns of sale.
(h) Agreement for Submission to Final Decision by Master. Subject to the approval of the Court, the parties may agree to submit any case or proceeding or any claim or issue in a case or proceeding to a Master for a final decision that shall not be subject to further judicial review. Any such agreement must be embodied in a stipulation filed with the Register in Chancery (i) specifying the case, proceeding, claim, or issue to be submitted to the Master for final decision, (ii) waiving the right of any party to seek further judicial review of the Master's decision, and (iii) reciting that each party has consulted with counsel and agreed to the submission of the case, proceeding, claim, or issue to the Master for a final decision that shall not be reviewable. The stipulation shall be executed by counsel for all parties and approved by the Court. Matters governed by the stipulation shall proceed in accordance with Rules 136 through 147, except that no exceptions shall be taken to the final report, which shall have the same effect as a final order of the Court and shall not be subject to further judicial review or appeal.