Family Court Civil Rules
Current through 2025
Chapter I · Scope Of Rules — One Form Of Action
Chapter II · Commencement Of Action; Service Of Process, Pleadings,
Chapter III · Pleadings And Motions
- 7 Pleadings allowed; motions Deadlines
- 8 General rules of pleading
- 9 Pleading special matters
- 10 Form of pleadings
- 11 Signing of pleadings, motions and other papers: Representations to court, sanctions Deadlines
- 12 Defenses and objections — When and how presented — By pleading or motion — Motion for judgment on pleadings Deadlines
- 13 Counterclaim and cross-claim
- 14 Third-party practice Deadlines
- 15 Amended and supplemental pleadings Deadlines
- 16 Required reports Deadlines
- 16.1 Mediation
- 16.2 Case management conferences, scheduling orders and pretrial conferences Deadlines
- 16.3 Alternative dispute resolution
Chapter IV · Parties
- 16.4 Divorcing and separating parents' education program
- 17 Parties; 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 Deadlines
Chapter IX · Appeals
Chapter V · Depositions And Discovery
- 26 General provisions governing discovery Deadlines
- 28 Persons before whom depositions may be taken
- 29 Stipulations regarding discovery procedure
- 30 Depositions upon oral examination Deadlines
- 31 Depositions upon written questions Deadlines
- 32 Use of depositions in court proceedings Deadlines
- 33 Interrogatories to parties Deadlines
- 34 Production of documents and things and entry upon land for inspection and other purposes Deadlines
- 35 Physical, mental and other examination of persons
- 36 Requests for admission Deadlines
- 37 Failure to make discovery: Sanctions; failure or neglect to file discovery material
Chapter VI · Trials
- 40 Continuances: Contents of motion or request; absence of material witness Deadlines
- 41 Dismissal of actions Deadlines
- 42 Consolidation; separate trials
- 42.2 Type of trial; record
- 43 Evidence
- 44 Proof of official records
- 44.1 Determination of foreign law
- 44.2 Reports or other information; availability; restrictions on use; hearings
- 45 Subpoena Deadlines
- 46 Exceptions unnecessary
- 52 Findings by the Court, conclusions, reasons; guidelines and standards in property
- 53 Masters Deadlines
- 53.1 Appeals from commissioners' orders Deadlines
Chapter VII · Judgment
Chapter VIII · Provisional And Final Remedies And Special Proceedings
- 64 Seizure of persons or property
- 65 Injunctions
- 65.1 Security: Proceedings against sureties
- 65.2 Emergency and interim orders Deadlines
- 65.3 Directions and restrictions on conduct
- 69 Execution writ for payment of money: Transcription to Superior Court
- 70 Judgment for specific acts; vesting title; contempt
Chapter X · The Family Court: Clerk
Chapter XI · General Provisions
- 82 Jurisdiction and venue unaffected
- 85 Title
- 86 Effective date
- 87 Assignment of causes to Family Court from Superior Court or the Court of Chancery
- 87.2 Venue and transfer of action between counties
- 88 Allowance of attorneys' fees; expenses and services
- 89 Appointment of counsel for State officers and employees
- 90 Attorneys Deadlines
- 90.1 Records; privacy Deadlines
- 90.2 Sealing records
- 90.3 Transcripts
- 90.4 Electronic copy of audio record
Chapter XII · Divorce And Annulment
Chapter XIII · Miscellaneous Provisions
Chapter XIV · Child Dependency, Neglect And Abuse Proceedings
- 200 Scope
- 201 Construction and enforcement of rules
- 202 Extension of time and continuances
- 203 Scheduling of subsequent proceedings
- 204 Commencement of action
- 205 Notice to parents of right to counsel
- 206 Appointment of counsel for the parent
- 207 Appointment of Guardian ad Litem, Court Appointed Special Advocate, or counsel for the
- 208 Notice to foster caregivers
- 209 Contrary to the child's welfare
- 210 Determination of reasonable efforts Deadlines
- 211 Notification to relatives
- 212 Emergency removal of a child [Effective until Jan. 5, 2026] Deadlines
- 213 Motion to change legal custody or permanency plan; aggravated circumstances; motions in general
- 214 Preliminary protective hearing. (10 day hearing*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- 215 Adjudicatory hearing. (30 days*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- 216 Dispositional hearing. (70 days*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- 217 Review hearings. (90 days*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- 218 Permanency hearing. (twelve months*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- 219 Permanency review hearings
- 220 Post termination placement orders
- 221 Missing and out-of-state parents
- 222 Independent living services Deadlines
- 223 Scope
- 224 Commencement of action
- 225 Emergency removal of a child
- 226 Preliminary protective hearing Deadlines
- 227 Adjudicatory hearing Deadlines
Chapter XV · Support Proceedings
Chapter XVI · Protection From Abuse Proceedings
- 400 Hearings [Effective until Jan. 5, 2026]
- 401 Records
- 402 Parties, Filing and Service [Effective Jan. 5, 2026]
- 403 Emergency Orders and Expedited Scheduling [Effective Jan. 5, 2026] Deadlines
- 404 Case Review [Effective Jan. 5, 2026] Deadlines
- 405 Trial [Effective Jan. 5, 2026] Deadlines
- 406 Custody and Child Support [Effective Jan. 5, 2026]
- 407 Modification and Enforcement [Effective Jan. 5, 2026] Deadlines
- 408 Protection of a Child or Incompetent Adult [Effective Jan. 5, 2026]
Chapter XVII · Delaware Child Support Formula
- 500 Delaware child support formula; general principles Deadlines
- 501 Reasonable earning capacity Deadlines
- 502 Net available income
- 503 Primary support need
- 504 Standard of Living Adjustment (SOLA)
- 505 Credits and the net monthly obligation
- 506 Minimum orders and low-income adjustments Deadlines
- 507 Medical support
- 508 Modification Deadlines
- 509 Retroactive support Deadlines
- 510 Overpayments