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Rule 114.Duties and powers

Part XIV: Masters · Last amended January 1, 1991 · Last verified July 28, 2026

In one sentenceRule 114 gives a Master broad authority within a case referred for hearing, including administering oaths, examining parties and witnesses, summoning and compelling witnesses, ordering document production, taking and certifying testimony, and granting adjournments, all subject at all times to the Court's revision and control.

Full Text of Rule 114

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The Master shall regulate all the proceedings in every hearing before the Master upon every order of reference. The Master shall have full authority to administer all oaths in the discharge of the Master’s official duties; to examine the parties and witnesses in the cause upon oath touching all matters contained in the order of reference; to summon and enforce the attendance of witnesses; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to cause such evidence to be taken down in writing; to order the examination of other witnesses to be taken under a commission to be issued upon the Master’s certificate from the office of the Prothonotary, or by deposition; to certify to testimony taken; to direct the mode in which the matters requiring evidence shall be proved before the Master; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before the Master which the Master may deem necessary and proper, subject at all times to the revision and control of the Court.

Amendment History

Added, effective Jan. 1, 1988; amended, effective Jan. 1, 1991.

Plain-English Summary

Once a case is referred to a Master, Rule 114 hands that Master a full set of tools to run the hearing: authority to administer oaths, to examine the parties and witnesses under oath on matters within the order of reference, to summon and enforce the attendance of witnesses, and to require production of books, papers, writings, vouchers, and other applicable documents. The Master can have evidence taken down in writing, order other witnesses examined under a commission issued on the Master's certificate or by deposition, certify to testimony taken, direct how proof is to be made, and grant adjournments and extensions of time.

Rule 114 closes with a catch-all: the Master may generally do all other acts, and direct all other inquiries and proceedings, that the Master deems necessary and proper in the matters referred. But every one of these powers, named or general, operates "subject at all times to the revision and control of the Court." Nothing a Master does under Rule 114 is the last word; the rules that follow, especially Rule 122's report-and-review process, are where that oversight plays out.

Frequently Asked Questions

Can a Master put a witness under oath?

Yes. Rule 114 gives the Master full authority to administer oaths in the discharge of official duties.

Can a Master force a witness to show up and testify?

Yes. The rule authorizes the Master to summon and enforce the attendance of witnesses.

Can a Master order someone to produce documents?

Yes. Rule 114 lets the Master require production of books, papers, writings, vouchers, and other documents applicable to the matters referred.

Is a Master's authority final, or can the Court override it?

The Court retains revision and control at all times over everything a Master does under Rule 114.

Can a Master grant an adjournment or an extension of time?

Yes. Rule 114 authorizes the Master to grant adjournments and extensions of time.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source
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