Del. Ch. Ct. R. 144

(a) Case Assignment. The Chancellor may assign to a

Magistrate in Chancery any action or dispute that a

Chancellor or Vice Chancellor can hear.

(1) Referred Action. The Chancellor may assign a civil

action to a Magistrate in Chancery.

(2) Referred Dispute. The Chancellor may assign a

specific dispute within a civil action to a Magistrate in

Chancery.

(3) When an action or dispute is assigned to a

Magistrate in Chancery, the Rules of this Court apply

as modified by Rule 144.

(b) Reports.

(1) A Magistrate in Chancery may issue any rulings,

orders, or decisions necessary or convenient to bring the

referred action or dispute to a conclusion. Any ruling,

order, or decision by a Magistrate in Chancery is a

“Report.” A Magistrate in Chancery may issue any

Report orally on the record or in writing.

(2) A Report must be filed on the docket and include

factual findings and legal rulings sufficient to support

the Report and permit de novo review by the Chancellor

or a Vice Chancellor (a “Reviewing Judge”). A Report

that concludes a referred action or dispute is a “Final

Report.”

(3) Before issuing a Report, a Magistrate in Chancery

may issue the Report as a draft (a “Draft Report”).

Unless denominated as a draft, a Report is not a Draft

Report. A Draft Report may be provided orally on the

record or in writing. The Magistrate in Chancery may

modify the Draft Report in response to exceptions or as

the Magistrate in Chancery deems appropriate.

(c) Exceptions.

(1) Exceptions to a Draft Report.

(A) A Magistrate in Chancery hears exceptions to

a Draft Report and may address the exceptions in

the Report.

(B) If a Magistrate in Chancery issued a Draft

Report, then a party may only take exceptions to a

Report that (i) were timely filed exceptions to the

Draft Report and disallowed or (ii) address

differences between the Draft Report and the

Report.

(2) Exceptions After a Final Report.

(A) Exceptions in a Civil Action Other Than on the

Civil Miscellaneous Docket. A party may take

exceptions to any Report only after entry of the Final

Report. If no party timely files a notice of exceptions

after entry of a Final Report, then the Chancellor

will adopt the Final Report and all prior Reports as

orders of the Court. If a party timely files a notice of

exceptions to a Final Report or any prior Report,

then the Chancellor will assign a Reviewing Judge

to hear the exceptions.

(B) Exceptions in an Action on the Civil

Miscellaneous Docket. In an action on the civil

miscellaneous docket, a party may take exceptions

to any Report following the issuance of such Report.

The schedule for such exceptions is governed by Rule

144(d)(4). If no party timely files a notice of

exceptions, the Report shall be deemed adopted in

its entirety as an order of the Court, and shall have

the same effect as though issued by a Chancellor or

Vice Chancellor, as of the date it was issued by the

Magistrate in Chancery, nunc pro tunc.

(3) Procedural Review of Exceptions to a Report.

(A) A Reviewing Judge may order a procedural

review of exceptions to a Report to determine

whether the exceptions comply with Rule 144. If a

Reviewing Judge orders a procedural review, then

briefing on exceptions to the Report shall be stayed

until the Magistrate in Chancery issues a Report on

procedural review.

(B) A Magistrate in Chancery conducts the

procedural review and files a Report recommending

whether the exceptions comply with Rule 144 and, if

the exceptions do not comply with Rule 144, whether

the exceptions should be heard despite the

procedural deficiency.

(C) A party may take exceptions to a Magistrate in

Chancery’s Report on procedural review.

(D) The Reviewing Judge may hear the exceptions

despite the Magistrate in Chancery’s

recommendation on procedural review.

(d) Schedule for Exceptions.

(1) Actions That Are Not Summary or Expedited. A

party taking exceptions must file a notice of exceptions

within 11 days of the date of the Final Report or Draft

Report. The party taking exceptions must file an

opening brief in support of the exceptions within 20

days after filing the notice of exceptions. Any party

opposing exceptions may file an answering brief within

20 days after the filing of the opening brief. The party

taking exceptions may file a reply brief within 15 days

after the filing of the answering brief.

(2) Summary and Expedited Actions and Disputes. A

party taking exceptions must file a notice of exceptions

within three days of the date of the Final Report or

Draft Report. The parties must submit a proposed

briefing schedule on exceptions to the Reviewing Judge

within five days after the notice of exceptions is filed.

(3) Withdrawing Exceptions. If the party taking

exceptions fails to file a timely opening brief, then the

notice of exceptions is deemed withdrawn and the

Reviewing Judge will enter an order adopting the

Report.

(4) Civil Miscellaneous Docket. A party taking

exceptions to a Report entered in an action on the Civil

Miscellaneous Docket must file a notice of exceptions

within 11 days of a Report or Draft Report, except that

a party taking exceptions to a Report or Draft Report

addressing an uncontested petition, or for which the

Magistrate in Chancery has expedited exceptions, must

file a notice of exceptions within three days of the

Report or Draft Report and proceed under Rule

144(d)(2).

(e) Record for Taking Exceptions. The Reviewing

Judge hears exceptions based on the record before the

Magistrate in Chancery, unless the Reviewing Judge

determines to expand the record for good cause shown.

(f) Motion for Reargument or Clarification. Any

party may move for reargument or clarification under Rule

59(f) of any Report except a Draft Report. The Magistrate

in Chancery hears motions filed under Rule 59(f).

(g) Agreements for Voluntary Final Adjudication

Before a Magistrate in Chancery under 10 Del. C.

§ 350; Voluntary Waiver of Appeal by Parties under

10 Del. C. § 351.

(1) The parties to any referred action may stipulate to

a final adjudication of any action or dispute by a

Magistrate in Chancery, with the effect that a report

shall have the same effect as a decision of the

Chancellor or a Vice Chancellor. Appeals in actions

governed by a stipulation entered under Rule 144(g)

shall be determined in all respects by the same

procedural and substantive standards as are applicable

to appeals from decisions of the Chancellor or a Vice

Chancellor of the Court of Chancery. Any stipulation

must be filed with the Register in Chancery and include

language substantially in the following form:

(A) the parties agree to submit this action to a

Magistrate in Chancery for a final decision under 10

Del. C. § 350 and Court of Chancery Rule 144(g);

(B) the parties waive the right to seek judicial

review of the Magistrate in Chancery’s decision at

the trial court level;

(C) the parties agree that the Magistrate in

Chancery’s final decision will constitute a decision of

the Court of Chancery; and

(D) the parties confirm their understanding that

any appeal from the decision will be subject to the

same procedural and substantive standards as are

applicable to appeals from decisions of the

Chancellor or a Vice Chancellor.

(2) The parties in any action or dispute assigned to a

Magistrate in Chancery may stipulate that the decision

of the Magistrate in Chancery shall be final and binding

and not subject to appeal. Any stipulation must be filed

with the Register in Chancery and include language

substantially in the following form:

The parties agree under 10 Del. C. § 351 that the

Report of the Magistrate in Chancery shall be final

and binding and not subject to appeal.