Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended October 21, 1994 · Last verified July 28, 2026
In one sentenceRule 132 spells out a Commissioner's powers in the Superior Court — administering oaths, serving as a special master, and hearing both non-case-dispositive and case-dispositive matters — along with the objection windows and standards of review that apply when a party challenges a Commissioner's order or recommendation.
(a)Each Commissioner shall have all powers and duties conferred or imposed upon Commissioners by law, by the Rules of Civil Procedure for the Superior Court, and by Administrative Directive of the President Judge, including, but not limited to:
(1)The power to administer oaths and affirmations, and to take acknowledgments, affidavits, and depositions;
(2)The power to serve as a special master or master pro hac vice;
(3)Non case-dispositive matters. The power to conduct non case-dispositive hearings, including evidentiary hearings, and the power to hear and determine any pretrial or other non case-dispositive matter pending before the Court.
(i)The Commissioner shall file an order under subparagraph (3) with the Prothonotary, and shall mail copies forthwith to all parties. It shall not be necessary for the Commissioner to include proposed findings of fact and recommendations in any order under this subparagraph. (ii) Within 10 days after filing of a Commissioner’s order under subparagraph (3), any party may serve and file written objections to the Commissioner’s order which set forth with particularity the basis for the objections. The written objections shall be entitled “Motion for Reconsideration of Commissioner’s Order.” A copy of the written objections shall be served on the other party, or the other party’s attorney, if the other party is represented. The other party shall then have 10 days from service upon that party of the written objections to file and serve a written response to the written objections. (iii) The party filing written objections to a Commissioner’s order shall cause a transcript of the proceedings before the Commissioner to be prepared, served, and filed unless, subject to the approval of a judge, all parties agree to a statement of facts. (iv) A judge may reconsider any hearing or pretrial matter under subparagraph (3) only where it has been shown on the record that the Commissioner’s order is based upon findings of fact that are clearly erroneous, or is contrary to law, or is an abuse of discretion. (v) Orders entered under this subparagraph shall be effective immediately, and no motion for reconsideration of a Commissioner’s order shall stay execution of the order unless such stay shall be specifically ordered by a judge.
(4)Case-dispositive matters. The power to conduct case-dispositive hearings, including case- dispositive evidentiary hearings, mental hearings under Title 16 Del. C., ch. 50, a motion for judgment on the pleadings, for summary judgment, to dismiss for failure to state a claim upon which relief can be granted, and involuntarily to dismiss an action, and to submit to a judge of this Court proposed findings of fact and recommendations for the disposition, by a judge, of any such case- dispositive matter.
(i)The Commissioner shall file proposed findings of fact and recommendations under subparagraph (4) with the Prothonotary and shall mail copies forthwith to all parties, or to a party’s attorney if the party is represented. (ii) Within 10 days after filing of a Commissioner’s proposed findings and recommendations under subparagraph (4), any party may serve and file written objections to the Commissioner’s order which set forth with particularity the basis for the objections. The written objections shall be entitled “Appeal from Commissioner’s Findings of Fact and Recommendations.” A copy of the written objections shall be served on the other party, or the other party’s attorney, if the other party is represented. The other party shall then have 10 days from service upon that party of the written objections to file and serve a written response to the written objections. (iii) The party filing written objections to a Commissioner’s order shall cause a transcript of the proceedings before the Commissioner to be prepared, served, and filed unless, subject to the approval of a judge, all parties agree to a statement of facts. (iv) A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings of fact or recommendations to which an objection is made. A judge may accept, reject, or modify, in whole or in part, the findings or recommendations made by the Commissioner. A judge may also receive further evidence or recommit the matter to the Commissioner with instructions. (v) Notwithstanding any provision of this subchapter to the contrary, any order entered by a Commissioner in a mental hearing pursuant to 16 Del. C., ch. 50 shall be effective immediately unless and until a judge should otherwise reject or modify the order.
(b)A party seeking reconsideration of an order of a Commissioner under subparagraph (3) or appealing the findings of fact and recommendations of a Commissioner under subparagraph (4) who fails to comply with the provisions of this rule may be subject to dismissal of said motion for reconsideration or appeal.
(c)The time periods specified in this Rule may be shortened or enlarged, for good cause, by a judge.
(d)A Commissioner may be assigned such additional duties and powers by the President Judge, or the President Judge’s designee, as are not inconsistent with the Constitution and laws of the State of Delaware, with the Civil Rules of the Superior Court or with an Administrative Directive of the President Judge.
Amendment History
Added, effective Oct. 21, 1994.
Plain-English Summary
Rule 132(a) lists what a Commissioner can do beyond whatever law, the Civil Rules, and Administrative Directives already grant: administer oaths and affirmations, take acknowledgments, affidavits, and depositions, and serve as a special master or master pro hac vice. The rule then splits a Commissioner's remaining authority into two tracks.
On non-case-dispositive matters — pretrial issues and evidentiary hearings that don't decide the case — a Commissioner files an order directly with the Prothonotary and mails copies to the parties, with no findings of fact required. A party has ten days to object, through a written filing captioned as a Motion for Reconsideration of Commissioner's Order, and the other side then has ten days to respond. The objecting party has to arrange for a transcript of the Commissioner's proceeding unless the parties agree to a statement of facts instead, subject to a judge's approval. A judge can reconsider only if the Commissioner's order rests on clearly erroneous fact-finding, is contrary to law, or is an abuse of discretion — and the order stays in effect while that reconsideration is pending, unless a judge specifically stays it.
On case-dispositive matters — including case-dispositive evidentiary hearings, mental hearings under Title 16 Del. C., ch. 50, judgment on the pleadings, summary judgment, motions to dismiss for failure to state a claim, and involuntary dismissal — a Commissioner doesn't decide the matter outright. Instead, the Commissioner files proposed findings of fact and recommendations, and a party again has ten days to object, this time through a filing captioned as an Appeal from Commissioner's Findings of Fact and Recommendations, with ten more days for the other side to respond. A judge then makes a de novo determination of whatever's been objected to, and can accept, reject, or modify the Commissioner's findings, take more evidence, or send the matter back to the Commissioner with instructions.
The rest of Rule 132 rounds things out: a party who doesn't follow the reconsideration or appeal procedure risks dismissal of that motion or appeal, a judge can shorten or extend the rule's time periods for good cause, and the President Judge can hand a Commissioner additional duties consistent with Delaware law and the Court's own rules.
Frequently Asked Questions
How long do I have to object to a Commissioner's order on a non-case-dispositive matter?
Ten days after the order is filed, through a Motion for Reconsideration of Commissioner's Order; the other party then has ten days to respond.
What standard does a judge use to review a Commissioner's non-case-dispositive order?
Rule 132(a)(3)(iv) allows reconsideration only where the order rests on clearly erroneous findings of fact, is contrary to law, or is an abuse of discretion.
Does objecting to a Commissioner's order automatically pause it?
No. Rule 132(a)(3)(v) makes the order effective immediately, and a motion for reconsideration doesn't stay it unless a judge specifically orders a stay.
What happens with a Commissioner's ruling on a case-dispositive matter like summary judgment?
The Commissioner files proposed findings of fact and recommendations instead of a final order. A judge reviews any objected-to portions de novo and can accept, reject, modify, take more evidence, or send the matter back to the Commissioner.
What if I don't get a transcript prepared after objecting to a Commissioner's ruling?
Rule 132(a)(3)(iii) and (a)(4)(iii) require the objecting party to arrange for a transcript unless the parties agree, with a judge's approval, to a statement of facts instead; Rule 132(b) allows dismissal of the objection or appeal for failing to comply.
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 commissioner reconsideration deadlinemotion for reconsideration commissioner's order delawareappeal from commissioner's findings delawarecommissioner case dispositive matters delaware superior court