The Master shall be at liberty to examine any party, or any creditor, or other person making claims before the Master, either upon written interrogatories, or orally, or in both modes, as the nature of the case may appear to the Master to require, and for this purpose may by subpoena compel the attendance before the Master of such party, creditor or other person. When exceptions are taken to claims filed by claimants to a fund, the burden of proof shall be on the claimant to establish the claim as filed, and the claimant will not be permitted to prove any items not embraced within such filed claim, except by order of the Master for good cause shown.
Rule 118.Persons who may be examined; burden of proof on exceptions to claim
Part XIV: Masters · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 118 lets a Master examine any party, creditor, or other claimant by written interrogatories, orally, or both, compel attendance by subpoena, and places the burden on a claimant whose claim to a fund is challenged to prove the claim as filed, without adding new items absent good cause.
Full Text of Rule 118
Amendment History
Added, effective Jan. 1, 1988; amended, effective Jan. 1, 1991.
Plain-English Summary
A Master's power to examine people under Rule 118 isn't limited to the named parties. The Master may examine any party, any creditor, or any other person making claims, choosing written interrogatories, an oral examination, or both, depending on what the case requires, and may subpoena the attendance of that party, creditor, or claimant to make the examination happen.
Rule 118 also fixes the burden of proof when exceptions are taken to claims against a fund: the claimant has to establish the claim as it was filed. A claimant can't prove items that weren't included in the filed claim, except by order of the Master for good cause shown.
Frequently Asked Questions
Can a Master question someone who isn't a formal party to the case?
Yes. Rule 118 lets the Master examine any creditor or other person making claims, not only the named parties.
Does a Master examine witnesses in writing or orally?
Either, or both, "as the nature of the case may appear to the Master to require."
If my claim to a fund is challenged, who has to prove what?
The burden is on the claimant to establish the claim as filed.
Can I add new items to my claim after it's been challenged?
Only by order of the Master for good cause shown. Otherwise you're limited to what was included in the claim as filed.
Can the Master compel a creditor to attend an examination?
Yes, by subpoena.
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 examine creditors claimsde rule 118 burden of proof exceptionsclaimant burden of proof fund delawaremaster subpoena creditor delaware courtpart xiv masters examination