Superior 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; form of motions
- 8 General rules of pleading
- 9 Pleading special matters Deadlines
- 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 Pretrial conferences; scheduling; management
- 16.1 Mandatory non-binding arbitration
Chapter IV · Parties
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 Deadlines
- 35 Physical and mental examinations of persons
- 36 Requests for admission Deadlines
- 37 Failure to make discovery: Sanctions Deadlines
Chapter VI · Trials
- 38 Jury trial of right Deadlines
- 39 Trial by jury or by the Court
- 40 Assignment of judges; special juries; continuances
- 41 Dismissal of actions Deadlines
- 42 Consolidation: Separate trials
- 42.1 Opening statements by attorneys
- 43 Taking of testimony; conferences during trial
- 44 Proof of official records
- 44.1 Determination of foreign law
- 45 Subpoena Deadlines
- 46 Exceptions unnecessary
- 47 Jurors
- 48 Juries of less than 12 — Majority verdict
- 49 Special verdicts and interrogatories
- 50 Judgment as a matter of law in actions tried by jury; alternative motion for new trial; Deadlines
- 51 Instructions to jury; objection
Chapter VII · Judgment
- 54 Judgment; costs
- 54.1 Fees for the prothonotary
- 55 Default judgments Deadlines
- 56 Summary judgment Deadlines
- 57 Declaratory judgments
- 58 Entry of judgment
- 58.1 Entry of judgment by confession and execution thereon Deadlines
- 58.2 Entry of judgment by confession in open court
- 58.3 Judgments by confession entered prior to July 9, 1971 Deadlines
- 59 New trials and rearguments Deadlines
- 60 Relief from judgment or order
- 61 Harmless error
- 62 Stays by trial court and on appeal Deadlines
- 63 Inability of a judge to proceed
Chapter VIII · Provisional And Final Remedies And Special Proceedings
- 64 Seizure of persons or property
- 64.1 Orders for hearing or rules to show cause
- 65.1 Security: Proceedings against sureties
- 67 Deposit in Court
- 68 Offer of judgment Deadlines
- 69 Execution Deadlines
- 71.1 Condemnation of property Deadlines
- 71.2 Medical malpractice [Effective until Sept. 1, 2025] Deadlines
- 71.3 Forfeitures pursuant to 16 Del. C. § 4784 [Effective until Sept. 1, 2025] Deadlines
Chapter X · The Superior Court; Prothonotaries
Chapter XI · General Provisions
- 81 Applicability in special proceedings
- 82 Jurisdiction and venue unaffected
- 85 Title
- 86 Effective date Deadlines
- 87 Assignment of causes to Family Court
- 87.1 Assignment of cases to the Court of Common Pleas
- 88 Allowance of attorney's fee
- 89 Appointment of counsel for State officers and employees
- 90 Attorneys
- 90.1 Admission pro hac vice Deadlines
Chapter XII · Divorce And Annulment
Chapter XIII · Miscellaneous Provisions
- 106 Removal of causes from Court of Common Pleas
- 107 Briefs
- 108 Sureties
- 109 Board of Canvass proceedings Deadlines
- 110 Condemnation cases; designation of proposed commissioners and formation of calendar Deadlines
- 111 Proceeding for an order for the destruction of material in connection with a public health Deadlines
- 112 Proceedings in forma pauperis
Chapter XIV · Masters
- 113 Appointment; removal
- 114 Duties and powers
- 115 Witnesses; documents
- 116 Testimony taken and certified
- 117 Objections to testimony; hearing thereon
- 118 Persons who may be examined; burden of proof on exceptions to claim
- 119 Time for taking testimony
- 120 Limiting time for taking testimony
- 121 Minutes of proceedings to be kept
- 122 Master's report; action by Court Deadlines
- 123 Inspection of documents
Chapter XV · Rules Governing Actions Subject To Summary Proceedings
- 124 Scope of rules
- 125 Commencement of action Deadlines
- 125.1 Summary proceedings for Commercial Disputes Panel
- 126 Responses to the complaint Deadlines
- 127 Depositions and discovery Deadlines
- 128 Summary judgment
- 129 Optional briefing procedure Deadlines
- 130 Trial Deadlines
- 131 Application to Court for modification of Rules
- 132 Commissioners Deadlines
- 133 Single-transaction guardianship; settlement of tort claims for disabled person [Effective Deadlines