Rule 139. Objections to Testimony; Hearing Thereon

The Magistrate in Chancery shall have full power to pass upon all questions of competency of witnesses and admissibility of testimony, and shall note the ruling upon each objection. When the Magistrate in Chancery has ruled that a witness or party shall answer a given questions it shall be the duty of such witness or party to answer in the same manner as if such witness or party had been so directed by the Court; and in case the Magistrate in Chancery shall hold that any question is irrelevant or immaterial, the same shall not be answered. When an objection is taken and overruled, it is unnecessary for the objecting party to except thereto. The party objecting must state specifically the grounds of such objection. After the testimony and evidence before the Magistrate in Chancery is closed, and before the Magistrate in Chancery makes a report thereon, any party who has made an objection during the proceedings before the Magistrate in Chancery which has been overruled may bring such objections before the Court, and if the Court, shall sustain the rulings of the Magistrate in Chancery, the Magistrate in Chancery shall immediately proceed to make a report upon the testimony and evidence that was submitted. The same procedure shall apply in favor of a party aggrieved by the refusal of the Magistrate in Chancery to admit evidence. If any of the objections to the rulings of the Magistrate in Chancery shall be sustained, the Magistrate in Chancery shall proceed to take such further testimony as the Court may direct, and shall disregard in making up the report such testimony as the Court may rule to be irrelevant or immaterial. History. Amended, effective July 18, 2023.