Del. R. Civ. P. Super. Ct. 122

As amended through September 30, 2024

Rule 122 - Master's report; action by Court

(a) Report after Master has heard live testimony. As soon as the Master is ready to file a report, the Master shall, before filing it, submit a copy thereof to each party for the party's inspection and any party may submit exceptions thereto in writing within the time set therefor by the Master. Such exceptions shall first be heard by the Master who shall be at liberty to amend the draft report. A final report shall then be filed by the Master consisting of the Master's draft report as amended.

The Master's final report shall be filed in the office of the Prothonotary, who shall give notice thereof to the parties interested. Exceptions shall be filed within 10 days after notice of the filing of the final report has been mailed to the attorneys. The only permitted exceptions to the final report are those exceptions which were filed to the draft report and disallowed, plus exceptions to any change from the draft report made in the final report.

Any party may request the Court for a hearing on the final report and the exceptions thereto.

After the hearing, the Court may make such order as shall be appropriate.

(b) Report where Master has not heard live testimony. As soon as the Master is ready to file a report, the Master shall, before filing it, submit a copy thereof to each party for the party's inspection and any party may submit exceptions thereto in writing within the time set therefor by the Master. Such exceptions shall first be heard by the Master who shall be at liberty to amend the draft report. A final report shall then be filed by the Master consisting of the Master's draft report as amended.

The Master's final report shall be filed in the office of the Prothonotary, who shall give notice thereof to the parties interested. Exceptions shall be filed within 10 days after notice of the filing of the final report has been mailed to the attorneys.

The only permitted exceptions to the final report are those exceptions which were filed to the draft report and disallowed, plus exceptions to any changes from the draft report made in the final report. After considering the final draft and exceptions, the Court may make such order as shall be appropriate.

(c) Standard of review. A report by a Master is subject to review by the Court de novo. Such de novo review may be on the record in whole or in part.

Del. R. Civ. P. Super. Ct. 122