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Rule 116.Testimony taken and certified

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

In one sentenceRule 116 requires oral testimony before a Master to be taken by a stenographer the Master selects and swears in, reproduced in manuscript or typewriting, and accompanied by the Master's certificate that it was accurately taken, with the stenographer's fee subject to the Court's approval.

Full Text of Rule 116

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Oral examination shall be taken by a stenographer selected by the Master, and sworn by the Master faithfully and truly to take stenographically and to reproduce in manuscript, or typewriting, the testimony given. In such case the Master shall accompany the testimony with the Master’s certificate that it was taken in the Master’s immediate presence and hearing by a stenographer sworn as above required and that the Master believes the evidence to be accurately stated as given. The Master shall fix the compensation of such stenographer subject to the approval of the Court.

Amendment History

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

Plain-English Summary

When testimony before a Master is taken orally, a stenographer the Master selects does the recording. The Master swears that stenographer in, to take the testimony down stenographically and faithfully and truly reproduce it in manuscript or typewriting.

The Master then accompanies that reproduced testimony with a certificate: that it was taken in the Master's immediate presence and hearing, by a stenographer sworn as the rule requires, and that the Master believes the evidence is accurately stated as given. The Master also fixes the stenographer's compensation, though that figure is subject to the Court's approval.

Frequently Asked Questions

Who takes down oral testimony before a Master?

A stenographer the Master selects and swears in.

What is the stenographer sworn to do?

To faithfully and truly take the testimony stenographically and reproduce it in manuscript or typewriting.

What does the Master certify along with the testimony?

That it was taken in the Master's immediate presence and hearing by a sworn stenographer, and that the Master believes the evidence is accurately stated as given.

Who sets the stenographer's pay, and is that final?

The Master fixes the compensation, but it's subject to the Court's approval.

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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