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Rule 117.Objections to testimony; hearing thereon

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

In one sentenceRule 117 gives a Master full power to rule on witness competency and admissibility of testimony, requires a witness to answer once the Master so rules, and lets a party bring an overruled objection before the Court after the evidence closes for the Court to resolve.

Full Text of Rule 117

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The Master shall have full power to pass upon all questions of competency of witnesses and admissibility of testimony, and shall note the Master’s ruling upon each objection. When the Master has ruled that a witness or party shall answer a given question, it shall be the duty of such witness or party to answer in the same manner as if such witness or party had been so directed by the Court; and in case the Master shall hold that any question is irrelevant or immaterial, the same shall not be answered. When an objection is taken and overruled, it is unnecessary for the objecting party to except thereto. The party objecting must state specifically the grounds of such objection. After the testimony and evidence before the Master is closed, and before the Master makes a report thereon, any party who has made an objection during the proceedings before the Master which has been overruled, may bring such objections before the Court, and if the Court shall sustain the rulings of the Master, the Master shall immediately proceed to make a report on the testimony and evidence submitted to the Master. The same procedure shall apply in favor of a party aggrieved by the refusal of the Master to admit evidence. If any of the objections to the rulings of the Master shall be sustained, the Master shall proceed to take such further testimony as the Court may direct, and shall disregard in making up the Master’s report such testimony as the Court may rule to be irrelevant or immaterial.

Amendment History

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

Plain-English Summary

A Master ruling under Rule 117 has full power to pass on the competency of witnesses and the admissibility of testimony, noting a ruling on each objection raised. Once the Master rules that a witness or party must answer a question, that person has to answer, in the same manner as if the Court itself had so directed. If the Master instead holds a question irrelevant or immaterial, it goes unanswered. An objecting party doesn't need to formally except to an overruled objection, but does have to state the specific grounds for objecting.

After the testimony and evidence before the Master closes, and before the Master files a report, a party whose objection was overruled, or who was refused the chance to admit evidence, may bring that objection before the Court. If the Court sustains the Master's ruling, the Master proceeds to report on the testimony and evidence submitted. If the Court instead sustains the objection, the Master takes whatever further testimony the Court directs and disregards, in the report, any testimony the Court rules irrelevant or immaterial.

Frequently Asked Questions

Does a witness have to answer a question once the Master overrules an objection to it?

Yes. Rule 117 requires the witness or party to answer, "in the same manner as if such witness or party had been so directed by the Court."

Do I need to formally except to an overruled objection before the Master?

No. Rule 117 states it's unnecessary once an objection is taken and overruled, though the objecting party must state the specific grounds for the objection.

Can I challenge the Master's evidentiary rulings before the Court?

Yes. After the testimony and evidence before the Master closes and before the Master's report is made, a party whose objection was overruled, or who was refused the chance to admit evidence, may bring the objection before the Court.

What happens if the Court disagrees with the Master's ruling on an objection?

The Master takes further testimony as the Court directs and disregards, in the report, any testimony the Court rules irrelevant or immaterial.

What happens if the Court agrees with the Master's ruling instead?

The Master immediately proceeds to make a report on the testimony and evidence submitted.

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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