§ RULE 117. OBJECTIONS TO TESTIMONY; HEARING THEREON

Codes > Delaware Superior Court Rules of Civil Procedure > XIV. Masters > RULE 117.

RULE 117. OBJECTIONS TO TESTIMONY; HEARING THEREON

The Master shall have full power to pass upon all questions of competency of witnesses and admissibility of testimony, and shall note the Master's ruling upon each objection. When the Master has ruled that a witness or party shall answer a given question, it shall be the duty of such witness or party to answer in the same manner as if such witness or party had been so directed by the Court; and in case the Master shall hold that any question is irrelevant or immaterial, the same shall not be answered.

When an objection is taken and overruled, it is unnecessary for the objecting party to except thereto. The party objecting must state specifically the grounds of such objection. After the testimony and evidence before the Master is closed, and before the Master makes a report thereon, any party who has made an objection during the proceedings before the Master which has been overruled, may bring such objections before the Court, and if the Court shall sustain the rulings of the Master, the Master shall immediately proceed to make a report on the testimony and evidence submitted to the Master. The same procedure shall apply in favor of a party aggrieved by the refusal of the Master to admit evidence. If any of the objections to the rulings of the Master shall be sustained, the Master shall proceed to take such further testimony as the Court may direct, and shall disregard in making up the Master's report such testimony as the Court may rule to be irrelevant or immaterial.