Delaware Code Title 10. Courts and Judicial Procedure § 1316. Jurisdiction and powers of Commissioners of the Court of Common Pleas

(1)a. A judge may designate a Commissioner to hear and determine any pretrial matter pending before the Court, except the following motions: for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss for failure to state a claim upon which relief can be granted and to involuntarily dismiss an action. A judge of the Court may reconsider any pretrial matter under this paragraph (b)(1)a. where it has been shown that the Commissioner's order is based upon findings of fact that are clearly erroneous, or is contrary to law, or an abuse of discretion.

b. A judge may also designate a Commissioner to conduct hearings, including evidentiary hearings, and to submit to a judge of the Court proposed findings of fact and recommendations for the disposition, by a judge of the Court, of any motion excepted in paragraph (b)(1)a. of this section or of applications for postconviction relief made by individuals convicted of criminal offenses.

c. The Commissioner shall file proposed findings and recommendations under paragraph (b)(1)b. of this section with the Court and shall mail copies forthwith to all parties.

d. Within 10 days after being served with a copy of proposed findings and recommendations under paragraph (b)(1)b. of this section any party may serve and file written objections to such proposed findings and recommendations as provided by rules of Court. A judge of the Court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the Court may accept, reject or modify, in whole or in part, the findings or recommendations made by the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instructions.