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← Delaware Family Court Civil Rules

Part I — Scope Of Rules — One Form Of Action

1 Scope and purpose of rules
2 One form of action

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

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

Part III — Pleadings And Motions

7 Pleadings allowed; motions D
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 D
12 Defenses and objections — When and how presented — 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 Required reports D
16.1 Mediation
16.2 Case management conferences, scheduling orders and pretrial conferences D
16.3 Alternative dispute resolution

Part 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 D

Part IX — Appeals

72 Appeals from certain boards to Family Court D
73 Preparation of transcript on appeal
73.1 Deposit for fees and costs of appeals
74 Interlocutory appeals
75 Certification of questions of law to the Supreme Court D
76 Supreme Court mandate

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 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 purposes D
35 Physical, mental and other examination of persons
36 Requests for admission D
37 Failure to make discovery: Sanctions; failure or neglect to file discovery material

Part VI — Trials

40 Continuances: Contents of motion or request; absence of material witness D
41 Dismissal of actions D
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 D
46 Exceptions unnecessary
52 Findings by the Court, conclusions, reasons; guidelines and standards in property
53 Masters D
53.1 Appeals from commissioners' orders D

Part VII — Judgment

54 Judgment
55 Default judgments D
56 Summary judgment D
57 Declaratory judgments
58 Entry of judgment
59 New trials and rearguments D
60 Relief from judgment or order
61 Harmless error
62 Stays by trial court and on appeal
63 Inability of a judicial officer to proceed

Part 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 D
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

Part X — The Family Court: Clerk

77 The Family Court; duties of the Clerk; records and exhibits D
79 Books and records kept by the Clerk and entries therein
79.1 Electronic filing D
79.2 Filing by email

Part 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 D
90.1 Records; privacy D
90.2 Sealing records
90.3 Transcripts
90.4 Electronic copy of audio record

Part XII — Divorce And Annulment

100 Divorce and annulment; acquiring jurisdiction
101 Process; complaint; prayers D
104.1 Scheduling; notice of hearings D
104.2 Decrees of divorce and annulment

Part XIII — Miscellaneous Provisions

107 Briefs; letter memoranda D
111 Termination of parental rights and adoption
112 Proceedings in forma pauperis

Part 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 D
211 Notification to relatives
212 Emergency removal of a child [Effective until Jan. 5, 2026] D
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 D
223 Scope
224 Commencement of action
225 Emergency removal of a child
226 Preliminary protective hearing D
227 Adjudicatory hearing D

Part XV — Support Proceedings

300 Expedited procedures for support actions
301 Petition requirements
302 Income attachment; operation of law adjustment; change of payee D
303 Hearings and records

Part 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] D
404 Case Review [Effective Jan. 5, 2026] D
405 Trial [Effective Jan. 5, 2026] D
406 Custody and Child Support [Effective Jan. 5, 2026]
407 Modification and Enforcement [Effective Jan. 5, 2026] D
408 Protection of a Child or Incompetent Adult [Effective Jan. 5, 2026]

Part XVII — Delaware Child Support Formula

500 Delaware child support formula; general principles D
501 Reasonable earning capacity D
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 D
507 Medical support
508 Modification D
509 Retroactive support D
510 Overpayments

Delaware Search About

Family Court Civil Rules

Chapter VII · Judgment

Rule 58. Entry of judgment

Amended 2025 (current)

The order of the Court shall constitute the judgment of the Court.

Source: Del. Fam. Ct. Civ. R. 58 (pdf p. 53)

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