Del. Fam. Ct. Civ. R. 53.1

(a) An interim or final order of a commissioner may be appealed to a judge of the Court by any

party, except a party in default of appearance before such commissioner.

(b) An appeal of a commissioner’s order shall be accomplished by filing with the Court within

30 days from the date of the commissioner’s order written objections to the commissioner’s

order which set forth with particularity the basis for each objection. 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.

(c) The party filing written objections to a commissioner’s order shall cause to be prepared a

transcript of the proceeding before the commissioner, either in whole or in pertinent part,

unless all parties agree to a statement of facts. The party filing objections shall file at the

same time a notice to the Clerk of the Court that a transcript is to be prepared. The party

filing objections will be informed by the Court of the cost of the transcript and will be

required to pay such cost prior to the preparation of the transcript. The Court, upon request,

may agree to accept an electronic recording of the proceedings, in lieu of a transcript, in

cases where the objecting party is proceeding in forma pauperis.

(d) The other party shall have 20 days to file and serve a written response to the written

objections. Once the period for filing a response has ended, the judge assigned to hear the

appeal shall promptly decide the appeal, or if one is to be held, promptly schedule a hearing

in the matter.

(e) From an appeal of a commissioner’s final order, the Court shall make a de novo

determination of the matter (that is, the matter shall be decided anew by a judge), based on

the record below. Prior to determination of the matter, a party may request in writing that

additional evidence be permitted to be offered. The Court shall only accept such additional

evidence if it finds: 1) that it is newly discovered evidence which by due diligence could not

have been discovered in time to offer it before issuance of the commissioner’s order or 2) if

the circumstances are such as would justify reopening the record in the interest of justice. If

the Court determines that the additional evidence should be considered, it may remand the

matter to the commissioner to hear additional evidence or the Court may hear and consider

the additional evidence or the Court may conduct a de novo hearing.

(f) From an appeal of a commissioner’s interim order, the Court may accept, reject or modify, in

whole or in part, the commissioner’s order or recommit the matter to the commissioner with

instruction, where it is shown that the order is based upon findings of fact that are clearly

erroneous, contrary to law or an abuse of discretion.

(g) A judge deciding an appeal from a commissioner’s order may accept, reject or modify in

whole or in part the commissioner’s order. The judge may also recommit the matter to the

commissioner with instruction.

(h) No appeal of a commissioner’s order shall stay execution of the order unless such stay shall

be specifically ordered by a judge of the Court.

(i) A party appealing an order of a commissioner who fails to comply with the provisions of this

rule or with the direction of the Court as to the appeal shall be subject to dismissal of said

appeal.