The Master may in the Master’s discretion fix a day within which any party shall close the party’s proofs, which time the Master may in the exercise of discretion for good cause shown extend for such reasonable time as justice may require; and in case the parties shall not close their proofs within the time limited by the Master, the Master shall proceed with the hearings and report upon the testimony and evidence that may have been submitted to the Master without waiting for further evidence or testimony from the party so failing to close their proofs within the time limited.
Rule 120.Limiting time for taking testimony
Part XIV: Masters · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 120 lets a Master set a deadline for each party to close its proofs, extend that deadline for good cause, and, if a party misses it, proceed to hear and report on whatever evidence has already come in instead of waiting for that party's further evidence.
Full Text of Rule 120
Amendment History
Added, effective Jan. 1, 1988; amended, effective Jan. 1, 1991.
Plain-English Summary
A Master may, in the Master's discretion, fix a day by which any party must close its proofs. The Master can extend that day, for good cause shown, for such reasonable time as justice requires.
The deadline still has teeth. If the parties don't close their proofs within the time the Master sets, the Master proceeds with the hearings and reports on whatever testimony and evidence was submitted, without waiting for further evidence from the party that missed the deadline. Rule 119 works alongside this rule: where the order of reference itself fixes a closing date, that date controls, and Rule 120's discretion to set and extend a closing day applies where the order leaves the timing to the Master.
Frequently Asked Questions
Can a Master set a deadline for me to finish presenting my evidence?
Yes. Rule 120 lets the Master fix a day by which a party must close its proofs.
Can that deadline be extended?
Yes, for good cause shown, for such reasonable time as justice requires.
What happens if I miss the deadline the Master set?
The Master proceeds with the hearings and reports on the testimony and evidence already submitted, without waiting for further evidence from the party that missed the deadline.
Who decides how much extra time to allow for good cause?
The Master, exercising discretion.
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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