Rule 53 – Masters

May 15, 2021 | Delaware, Family Law

(a) Appointment; qualifications. The Chief Judge shall appoint, commission and set salaries of qualified persons to act as masters in the Court, all of whom shall hold office at the pleasure of the Chief Judge, shall be residents of the State for at least 5 years immediately preceding their appointment.

(b) Authority.

(1) Masters may hear and determine any matters properly before them as the Chief Judge may direct and may order the issuance of legal process to compel the attendance of necessary parties and witnesses, set bail, determine and punish civil contempt, render and enforce judgments, including default judgments, and assess fees and costs.

(2) The findings and recommendations of a master shall become the judgment of the Court, with rights of appeal reserved to all parties, unless they be disapproved in writing by an order of the Chief Judge or designee or unless application for a review de novo has been made in writing within 15 days from the date of a master’s announcement of decision.

(3) Rule 53(b)(2) and 10 Del.C. Section 913(c) notwithstanding, and pursuant to 13 Del.C. Section 512(b), decisions of masters regarding support matters brought pursuant to Chapters 4, 5, and 6 of Title 13 of the Delaware Code shall be effective and enforceable when announced and shall remain in effect until and unless stayed or overruled by a judge of this Court upon filing of or hearing on a review de novo or by the appellate court or until and unless modified by other subsequent order of this Court.

(c) Duties. A master shall inform all parties unrepresented by counsel that he or she is a master in the Court and shall advise them of the provisions of Rule 53(b)(2), Rule 53(b)(3) and Rule 53(d). As soon after announcement of decision as practicable, the master shall transmit to the Chief Judge or such associate judge as the Chief Judge designates all papers and records relating to the case.

(d) Reviews de novo; appeals. Any party to an action before a master who desires to have the matter reheard by a judge of the Court shall, within 15 days after the master announces decision, file with the Court a written petition requesting trial de novo before a judge. Any party authorized by law to do so may appeal the master’s judgment to the appellate court in accordance with Rule 73 and 73.1.

Del. Fam. Ct. R. Civ. P. 53