Rule 132.Commissioners
Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended October 21, 1994 · Last verified July 28, 2026
Full Text of Rule 132
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.