Chapter 1 · General

Rule 6. Time

Amended 2025 (current)

(a) Computation. -- In computing any period of time prescribed or allowed by these Rules by order of Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included unless specifically included by statute, order or rule. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturday, Sundays and legal holidays shall be excluded in the computation. As used in this rule, "legal holidays" shall be those days provided by statute or as designated by the Governor of the State of Delaware.

(b) Enlargement. -- When by these Rules or by notice given thereunder, or by order of court an act is required or allowed to be done at or within a specified time, unless subject to the limitation of any applicable statute, the Court for cause shown may at any time in its discretion

(1) with or without motion or notice, order the period enlarged if request therefor shall be made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period, permit the act to be done when the failure to act was the result of excusable neglect; but it may not extend the time when a mandatory statutory limitation thereon shall exist.

(c) Omitted.

(d) Omitted.

(e) Additional time after service by mail. -- Whenever a party has the right or is required to do some act or take some action within a prescribed period after being served and service is by mail, three (3) days shall be added to the prescribed period. III. PLEADINGS AND MOTIONS.