(a)An interim or final order of a commissioner may be appealed to a judge of the Court by any party, except a party in default of appearance before such commissioner.
(b)An appeal of a commissioner’s order shall be accomplished by filing with the Court within 30 days from the date of the commissioner’s order written objections to the commissioner’s order which set forth with particularity the basis for each objection. A copy of the written objections shall be served on the other party, or the other party’s attorney, if the other party is represented.
(c)The party filing written objections to a commissioner's order shall cause to be prepared a transcript of the proceeding before the commissioner, either in whole or in pertinent part, unless all parties agree to a statement of facts. The party filing objections shall file at the same time a notice to the Clerk of the Court that a transcript is to be prepared. The party filing objections will be informed by the Court of the cost of the transcript and will be required to pay such cost prior to the preparation of the transcript. The Court, upon request, may agree to accept an electronic recording of the proceedings, in lieu of a transcript, in cases where the objecting party is proceeding in forma pauperis.
(d)The other party shall have 20 days to file and serve a written response to the written objections. Once the period for filing a response has ended, the judge assigned to hear the appeal shall promptly decide the appeal, or if one is to be held, promptly schedule a hearing in the matter.
(e)From an appeal of a commissioner's final order, the Court shall make a de novo determination of the matter (that is, the matter shall be decided anew by a judge), based on the record below. Prior to determination of the matter, a party may request in writing that additional evidence be permitted to be offered. The Court shall only accept such additional evidence if it finds: 1) that it is newly discovered evidence which by due diligence could not have been discovered in time to offer it before issuance of the commissioner's order or 2) if the circumstances are such as would justify reopening the record in the interest of justice. If the Court determines that the additional evidence should be considered, it may remand the matter to the commissioner to hear additional evidence or the Court may hear and consider the additional evidence or the Court may conduct a de novo hearing.
(f)From an appeal of a commissioner's interim order, the Court may accept, reject or modify, in whole or in part, the commissioner's order or recommit the matter to the commissioner with instruction, where it is shown that the order is based upon findings of fact that are clearly erroneous, contrary to law or an abuse of discretion.
(g)A judge deciding an appeal from a commissioner's order may accept, reject or modify in whole or in part the commissioner's order. The judge may also recommit the matter to the commissioner with instruction.
(h)No appeal of a commissioner's order shall stay execution of the order unless such stay shall be specifically ordered by a judge of the Court.
(i)A party appealing an order of a commissioner who fails to comply with the provisions of this rule or with the direction of the Court as to the appeal shall be subject to dismissal of said appeal.
End
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Adopted effective July 11, 1994. Amended effective August 28, 2008; September 1, 2020; December 1, 2021.]
Plain-English Summary
Who may appeal. An interim or final order of a commissioner may be appealed to a judge of the court by any party, except a party in default of appearance before the commissioner.
The clock. The appeal is taken by filing written objections within 30 days from the date of the commissioner's order.
The transcript. The party filing objections must have a transcript of the proceeding before the commissioner prepared, by the means the rule allows. That obligation is the practical hurdle in most of these appeals, and it falls on the party who wants the order revisited.
The response. The other party has 20 days to file and serve a written response. Once that period ends, the matter goes to the judge.
The standard, and it differs. On appeal from a FINAL order, the court makes a de novo determination — the matter is decided anew. On appeal from an INTERIM order, the court may accept, reject or modify the order in whole or in part, or recommit it to the commissioner with instructions.
The difference is worth knowing before deciding whether to appeal: a final order gets a fresh decision, an interim one gets review.
Frequently Asked Questions
How long do I have to appeal a Delaware Family Court commissioner's order?
30 days from the date of the commissioner's order, by filing written objections.
How long does the other side have to respond?
20 days to file and serve a written response to the written objections.
Does the judge decide the case again?
On an appeal from a commissioner's final order, yes — the court makes a de novo determination, deciding the matter anew. From an interim order, the court may accept, reject or modify the order, or recommit it with instructions.
Do I have to order a transcript?
Yes. The party filing written objections must cause a transcript of the proceeding before the commissioner to be prepared.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 53.1), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:appeal commissioner order Delaware30 days appeal commissioner Delawarede novo review Delaware Family CourtFam. Ct. Civ. R. 53.1