Rule 53.Masters

Ch. VI: Trials · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 53 provides for masters appointed by the Chief Judge, whose findings become the judgment of the court unless a party takes the appeal the rule reserves.

Full Text of Rule 53

Text sizeJump to: (a) (b) (c) (d)

(a) Appointment; Qualifications. The Chief Judge shall appoint, commission and set salaries of qualified persons to act as masters in the Court, all of whom shall hold office at the pleasure of the Chief Judge, shall be residents of the State for at least 5 years immediately preceding their appointment.

(b) Authority.

(1) Masters may hear and determine any matters properly before them as the Chief Judge may direct and may order the issuance of legal process to compel the attendance of necessary parties and witnesses, set bail, determine and punish civil contempt, render and enforce judgments, including default judgments, and assess fees and costs.

(2) The findings and recommendations of a master shall become the judgment of the Court, with rights of appeal reserved to all parties, unless they be disapproved in writing by an order of the Chief Judge or designee or unless application for a review de novo has been made in writing within 15 days from the date of a master's announcement of decision.

(3) Rule 53(b)(2) and 10 Del.C. Section 913(c) notwithstanding, and pursuant to 13 Del.C. Section 512(b), decisions of masters regarding support matters brought pursuant to Chapters 4, 5, and 6 of Title 13 of the Delaware Code shall be effective and enforceable when announced and shall remain in effect until and unless stayed or overruled by a judge of this Court upon filing of or hearing on a review de novo or by the appellate court or until and unless modified by other subsequent order of this Court.

(c) Duties. A master shall inform all parties unrepresented by counsel that he or she is a master in the Court and shall advise them of the provisions of Rule 53(b)(2), Rule 53(b)(3) and Rule 53(d). As soon after announcement of decision as practicable, the master shall transmit to the Chief Judge or such associate judge as the Chief Judge designates all papers and records relating to the case.

(d) Reviews De Novo; Appeals. Any party to an action before a master who desires to have the matter reheard by a judge of the Court shall, within 15 days after the master announces decision, file with the Court a written petition requesting trial de novo before a judge. Any party authorized by law to do so may appeal the master's judgment to the appellate court in accordance with Rule 73 and 73.1.

End

Plain-English Summary

Appointment. The Chief Judge appoints, commissions and sets the salaries of qualified persons to act as masters in the court.

Authority. Masters may hear and determine any matters properly before them as the Chief Judge directs, and may order the issuance of legal process to compel attendance. Their findings and recommendations become the judgment of the court, with rights of appeal reserved to all parties, unless they are disturbed in the manner the rule provides.

That is an unusual formulation and worth reading carefully: the master's decision does not await confirmation. It IS the judgment, subject to a party taking it further.

Support matters are treated separately, under the statutory provisions the rule cites.

Duties. A master must tell every unrepresented party that they are a master of the court, and advise them of the provisions the rule identifies — including, in substance, that what is happening before them can be taken to a judge. A litigant with no lawyer should not have to work out from the furniture whether they are before a judge.

Frequently Asked Questions

What is a master in the Delaware Family Court?

A qualified person appointed and commissioned by the Chief Judge to hear and determine matters as the Chief Judge directs.

Is a master's decision final?

The findings and recommendations of a master become the judgment of the court, with rights of appeal reserved to all parties, unless disturbed in the manner the rule provides.

Will I be told I am before a master rather than a judge?

Yes. A master must inform all parties unrepresented by counsel that they are a master in the court, and advise them of the provisions the rule identifies.

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), 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: master Delaware Family Courtappeal from master DelawareFam. Ct. Civ. R. 53