§ RULE 132. COMMISSIONERS

RULE 132. COMMISSIONERS

(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.

(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.

(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.