Duties and Powers

The Magistrate in Chancery shall regulate all the proceedings in every hearing before the Magistrate in Chancery upon every order of reference. The Magistrate in Chancery shall have full authority to administer all oaths in the discharge of the Magistrate in Chancery’s official duties; to examine the parties and witnesses in the cause upon oath touching all matters contained in the order of reference; to summon and enforce the attendance of witnesses; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to cause such evidence to be taken down in writing; to order the examination of other witnesses to be taken under a commission to be issued upon the Magistrate in Chancery’s certificate from the office of the Register in Chancery, or by deposition; to certify to testimony taken; to direct the mode in which the matters requiring evidence shall be proved before the Magistrate in Chancery; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before the Magistrate in Chancery, which may be deemed necessary and proper, subject at all times to the revision and control of the Court. History. Amended, effective July 18, 2023. Rule 137. Witnesses; Documents Witnesses may be summoned to appear before the Magistrate in Chancery by subpoena in the usual form, which shall be issued by the Register in Chancery requiring the attendance of the witnesses at the time and place specified. The Magistrate in Chancery may also compel the production by witnesses, including parties to the cause, of books, papers and documents to be used as evidence before the Magistrate in Chancery by subpoena issued as in this rule provided. If any witness shall disobey such subpoena, it shall be deemed a contempt of the Court, which being certified to said Register’s office by the Magistrate in Chancery, an attachment shall thereupon be issued returnable before the Court. Witnesses shall be allowed for attendance the same compensation as for attendance in court. History. Amended, effective July 18, 2023.