Where the order of reference specifies the time to begin taking testimony before the Master, and also the time for closing proofs, the Master shall have no power to extend the time beyond the day named in the order, but when a matter is referred to a Master to examine and report upon, and the order of reference does not specify any time to begin taking testimony or for closing proofs, the Master shall, as soon as practicable, assign a time and place to hear the parties, give reasonable notice to all persons interested, and proceed with all reasonable diligence in every such reference. Any party in interest shall be at liberty to apply to the Court for an order that the Master speed the proceedings and certify to the Court the reasons for any delay.
Rule 119.Time for taking testimony
Part XIV: Masters · Last amended January 1, 1988 · Last verified July 28, 2026
In one sentenceRule 119 binds a Master to whatever start and closing dates the order of reference sets for testimony, and where the order is silent, requires the Master to schedule the hearing promptly, give reasonable notice, and proceed with reasonable diligence.
Full Text of Rule 119
Amendment History
Added, effective Jan. 1, 1988.
Plain-English Summary
When the order referring a matter to a Master specifies both a time to begin taking testimony and a time for closing proofs, the Master has no power to extend beyond the day the order names. When the order doesn't specify either date, the Master instead has to assign a time and place to hear the parties as soon as practicable, give reasonable notice to everyone interested, and proceed with reasonable diligence in the reference.
Either way, a party in interest isn't left waiting indefinitely. That party may apply to the Court for an order requiring the Master to speed up the proceedings, and the Master must then certify to the Court the reasons for any delay.
Frequently Asked Questions
Can a Master extend a deadline for closing proofs that the order of reference sets?
No. Rule 119 gives the Master no power to extend beyond the day named in the order when the order itself specifies that date.
What if the order of reference doesn't set a deadline for testimony?
The Master must, as soon as practicable, assign a time and place to hear the parties, give reasonable notice, and proceed with reasonable diligence.
What can a party do if the Master seems to be dragging out the proceedings?
Apply to the Court for an order requiring the Master to speed up the proceedings.
Does the Master have to explain delays to the Court?
Yes, once ordered to speed the proceedings, the Master must certify to the Court the reasons for any delay.
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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