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Part I — Scope Of Rules — One Form Of Action

1 Scope of Rules
2 One form of action

Part II — Commencement Of Action: Service Of Process, Pleadings,

3 Commencement of action D
4 Process D
5 Service and filing of pleadings and other papers D
6 Time D

Part III — Pleadings And Motions

7 Pleadings allowed; form of motions
8 General rules of pleading
9 Pleading special matters D
10 Form of pleadings
11 Signing of pleadings, motions, and other papers: Representations to Court, sanctions D
12 Defenses and objections — When and how represented — By pleading or motion — Motion for judgment on pleadings D
13 Counterclaim and cross-claim
14 Third-party practice D
15 Amended and supplemental pleadings D
16 Pretrial procedure; formulating issues D

Part IV — Parties

17 Parties plaintiff and defendant; capacity
18 Joinder of claims and remedies
19 Joinder of persons needed for just adjudication
20 Permissive joinder of parties
21 Misjoinder and nonjoinder of parties
22 Interpleader
24 Intervention
25 Substitution of parties D

Part IX — Appeals

72 Appeals to Superior Court
72.1 Appeals from certain commissions, boards, agencies and courts D
72.2 Expedited procedure for appeals on the record D
72.3 Appeals de novo D

Part V — Depositions And Discovery

26 General provisions governing discovery D
28 Persons before whom depositions may be taken
29 Stipulations regarding discovery procedure
30 Depositions upon oral examination D
31 Depositions of witnesses upon written questions D
32 Use of depositions in court proceedings D
33 Interrogatories to parties D
34 Production of documents and things and entry upon land for inspection and other D
35 Physical and mental examination of persons
36 Requests for admission D
37 Failure to make discovery: Sanctions D

Part VI — Trials

40 Assignment of cases for trial, continuances
41 Dismissal of actions D
42 Consolidation; separate trials
43 Taking of testimony: Conferences during trial
44 Proof of official records
44.1 Determination of foreign law
45 Subpoena D
46 Exceptions unnecessary
50 Motion for a directed verdict and for judgment notwithstanding the verdict D

Part VII — Judgment

54 Judgment; costs
55 Default judgments D
56 Summary judgment D
57 Declaratory judgment
58 Entry of judgment
58A Transfer of judgment to Superior Court
59 New trials and rearguments D
60 Relief from judgment or order
61 Harmless error
62 Stays by trial court and on appeal D
63 Disability of a judge

Part VIII — Provisional And Final Remedies And Special Proceedings

64 Provisional and final remedies and special proceedings
64.1 Orders in rules to show cause
65.1 Security; proceedings against sureties
67 Deposit in Court
68 Offer of judgment D
69 Execution
70 Confirmation of arbitration award in actions arising from contracts to provide consumer D

Part X — The Court Of Common Pleas: Clerks

77 The Court of Common Pleas: Clerk's records and exhibits D
79 Electronic filing
79.1 Procedures D

Part XI — General Provisions

81 Petitions for change of name
82 Jurisdiction and venue unaffected
84 Seal
85 Title
86 Declaration of habitual offender status D
90 Attorneys
90.1 Admission pro hac vice D
107 Briefs
108 Sureties
109 Fees and costs
110 Proceedings in forma pauperis
112 Commissioners D
113 Masters

Delaware Search About

Common Pleas Civil Rules

Chapter XI · General Provisions

Rule 85. Title

Amended 2025 (current)

These Rules may be known and cited as Court of Common Pleas Civil Rules.

Source: Del. C.C.P. Civ. R. 85 (pdf p. 61)

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