Witnesses may be summoned to appear before the Master by subpoena in the usual form, which shall be issued by the Prothonotary requiring the attendance of the witnesses at the time and place specified. The Master may also compel the production by witnesses, including parties to the cause, of books, papers and documents to be used as evidence before him by subpoena issued as in this rule provided. If any witness shall disobey such subpoena, it shall be deemed a contempt of the Court, which being certified to said Prothonotary’s office by the Master, an attachment shall thereupon be issued returnable before the Court. Witnesses shall be allowed for attendance the same compensation as for attendance in court.
Rule 115.Witnesses; documents
Part XIV: Masters · Last amended January 1, 1988 · Last verified July 28, 2026
In one sentenceRule 115 lets a Master compel witnesses, including parties, to appear and produce documents by subpoena issued through the Prothonotary, treats disobedience of that subpoena as contempt of Court enforceable by attachment, and pays witnesses the same compensation allowed for attendance in court.
Full Text of Rule 115
Amendment History
Added, effective Jan. 1, 1988.
Plain-English Summary
Witnesses appear before a Master the same way they'd appear in court: by subpoena in the usual form, issued by the Prothonotary, specifying the time and place. That subpoena power reaches document production as well. The Master can compel the production of books, papers, and documents to be used as evidence, by witnesses including parties to the cause, using a subpoena issued the same way.
Disobeying a subpoena issued under Rule 115 counts as contempt of Court. The Master certifies the disobedience to the Prothonotary's office, and an attachment issues, returnable before the Court. Witnesses who do appear are compensated the same as they would be for attendance in court.
Frequently Asked Questions
How does a witness get called to appear before a Master?
By subpoena in the usual form, issued by the Prothonotary, specifying the time and place of attendance.
Can a Master subpoena a party, not just an outside witness, to produce documents?
Yes. Rule 115 lets the Master compel production of books, papers, and documents "by witnesses, including parties to the cause."
What happens if a witness ignores a Master's subpoena?
It's deemed a contempt of Court. The Master certifies the disobedience to the Prothonotary's office, and an attachment issues, returnable before the Court.
Who issues the subpoena to appear before a Master?
The Prothonotary, not the Master directly.
Do witnesses get paid for appearing before a Master?
Yes. Rule 115 allows the same compensation for attendance before the Master as for attendance in court.
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
Also known as: delaware master subpoena witnessesde rule 115 witnesses documents mastercontempt of court master subpoena delawarecompel document production master delawarepart xiv masters witnesses