Where, by any decree or order of the Court, or subpoena issued by the Prothonotary, books, papers or writings are directed to be produced before the Master for the purpose of such decree or order, it shall be in the discretion of the Master to determine what books, papers, or writings are to be produced, and when and for how long they are to be left in the Master’s office; and in case the Master shall not deem it necessary that such books, papers or writings should be left or deposited in the Master’s office, then the Master may give directions for the inspection thereof by the parties requiring the same at such time and in such place and manner as the Master shall deem expedient.
Rule 123.Inspection of documents
Part XIV: Masters · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 123 gives a Master discretion over which books, papers, or writings produced under a court decree, order, or subpoena must be left in the Master's office, for how long, and, where deposit isn't necessary, how and when the parties may instead inspect them.
Full Text of Rule 123
Amendment History
Added, effective Jan. 1, 1988; amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 123 applies where a decree or order of the Court, or a subpoena issued by the Prothonotary, directs books, papers, or writings to be produced before the Master for the purpose of that decree or order. It's left to the Master's discretion to decide which of those materials need to be produced, and when and for how long they're to be left in the Master's office.
If the Master doesn't think it's necessary for the books, papers, or writings to be left or deposited in the Master's office, the Master can instead direct that the parties requiring them inspect them at whatever time, place, and manner the Master deems expedient.
Frequently Asked Questions
Who decides which documents produced before the Master need to be produced?
The Master, in the Master's discretion.
Do documents produced before a Master always have to stay in the Master's office?
No. The Master decides whether they need to be left or deposited there, and for how long.
What if the Master decides documents don't need to be kept in the office?
The Master can instead direct that the parties inspect them at a time, place, and manner the Master deems expedient.
What triggers the production requirement in Rule 123?
A decree or order of the Court, or a subpoena issued by the Prothonotary.
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 inspection of documentsde rule 123 books papers writingsmaster discretion document production delawareinspect documents master office delawarepart xiv masters inspection