(a) Report after Master has heard live testimony. As soon as the Master is ready to file a report, the Master shall, before filing it, submit a copy thereof to each party for the party’s inspection and any party may submit exceptions thereto in writing within the time set therefor by the Master. Such exceptions shall first be heard by the Master who shall be at liberty to amend the draft report. A final report shall then be filed by the Master consisting of the Master’s draft report as amended. The Master’s final report shall be filed in the office of the Prothonotary, who shall give notice thereof to the parties interested. Exceptions shall be filed within 10 days after notice of the filing of the final report has been mailed to the attorneys. The only permitted exceptions to the final report are those exceptions which were filed to the draft report and disallowed, plus exceptions to any change from the draft report made in the final report. Any party may request the Court for a hearing on the final report and the exceptions thereto. After the hearing, the Court may make such order as shall be appropriate.
Rule 122.Master’s report; action by Court
Part XIV: Masters · Last amended June 1, 2000 · Last verified July 28, 2026
In one sentenceRule 122 has a Master circulate a draft report for the parties' exceptions before filing a final report with the Prothonotary, limits further exceptions to what was already raised against the draft, and subjects the whole report to de novo review on the record, in whole or in part.
Full Text of Rule 122
(b) Report where Master has not heard live testimony. As soon as the Master is ready to file a report, the Master shall, before filing it, submit a copy thereof to each party for the party’s inspection and any party may submit exceptions thereto in writing within the time set therefor by the Master. Such exceptions shall first be heard by the Master who shall be at liberty to amend the draft report. A final report shall then be filed by the Master consisting of the Master’s draft report as amended. The Master’s final report shall be filed in the office of the Prothonotary, who shall give notice thereof to the parties interested. Exceptions shall be filed within 10 days after notice of the filing of the final report has been mailed to the attorneys. The only permitted exceptions to the final report are those exceptions which were filed to the draft report and disallowed, plus exceptions to any changes from the draft report made in the final report. After considering the final draft and exceptions, the Court may make such order as shall be appropriate.
(c) Standard of review. A report by a Master is subject to review by the Court de novo. Such de novo review may be on the record in whole or in part.
Amendment History
Added effective Jan. 1, 1988; amended effective Jan. 1, 1991; June 1, 1997; amended May 26, 2000, effective June 1, 2000.
Plain-English Summary
Before filing a report, a Master submits a copy of the draft to each party for inspection, and any party may submit written exceptions within the time the Master sets. The Master hears those exceptions first and may amend the draft in response. The final report the Master then files consists of the draft as amended, filed in the Prothonotary's office, which gives notice of the filing to the interested parties. This same draft-then-final process applies whether the Master heard live testimony or not, under Rule 122(a) and (b) respectively.
Exceptions to the final report are due within 10 days after notice of its filing is mailed to the attorneys. Those exceptions are limited: only ones already filed against the draft report and disallowed, plus exceptions to any changes made between the draft and the final report, are permitted. Any party may ask the Court for a hearing on the final report and the exceptions to it, and after that hearing the Court enters whatever order is appropriate.
Rule 122(c) sets the standard the Court applies: a Master's report is subject to de novo review by the Court, and that de novo review may cover the whole record or only part of it.
Frequently Asked Questions
Do I get to see the Master's report before it's filed with the Court?
Yes. The Master must submit a copy of the draft report to each party for inspection before filing the final report.
How do I object to something in the Master's draft report?
File written exceptions within the time the Master sets. The Master hears those exceptions first and may amend the draft in response.
Once the final report is filed, how long do I have to file exceptions to it?
10 days after notice of the filing is mailed to the attorneys.
Can I raise any objection I want against the final report?
No. Only exceptions already filed against the draft report and disallowed, plus exceptions to any changes made between the draft and final report, are permitted.
What standard does the Court use to review a Master's report?
De novo review, which the Court may apply to the whole record or only part of it.
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's report exceptionsde rule 122 de novo review masterobjecting to master's report delawaremaster report prothonotary filing delawarepart xiv masters final report