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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 [Effective until Sept. 1, 2025] D
4 Process [Effective until Sept. 1, 2025] 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 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 Pretrial conferences; scheduling; management
16.1 Mandatory non-binding arbitration

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
23 Class actions
24 Intervention
25 Substitution of parties D

Part IX — Appeals

72 Appeals from certain commissioners, boards and courts D
73 Preparation of transcript on appeal to the Supreme Court
74 Interlocutory appeals to the Supreme Court
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 D
35 Physical and mental examinations of persons
36 Requests for admission D
37 Failure to make discovery: Sanctions D

Part VI — Trials

38 Jury trial of right D
39 Trial by jury or by the Court
40 Assignment of judges; special juries; continuances
41 Dismissal of actions D
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 D
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; D
51 Instructions to jury; objection

Part VII — Judgment

54 Judgment; costs
54.1 Fees for the prothonotary
55 Default judgments D
56 Summary judgment D
57 Declaratory judgments
58 Entry of judgment
58.1 Entry of judgment by confession and execution thereon D
58.2 Entry of judgment by confession in open court
58.3 Judgments by confession entered prior to July 9, 1971 D
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 Inability of a judge to proceed

Part 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 D
69 Execution D
71.1 Condemnation of property D
71.2 Medical malpractice [Effective until Sept. 1, 2025] D
71.3 Forfeitures pursuant to 16 Del. C. § 4784 [Effective until Sept. 1, 2025] D

Part X — The Superior Court; Prothonotaries

77 Superior Courts; Prothonotaries, records and exhibits, fees D
78 Motion days; arguments D
79 Books and records kept by the Prothonotary
79.1 Electronic filing
80 Seal

Part XI — General Provisions

81 Applicability in special proceedings
82 Jurisdiction and venue unaffected
85 Title
86 Effective date D
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 D

Part XII — Divorce And Annulment

100 Divorce and annulment
101 Process
102 Sheriffs to whom writs shall be issued
103 Mailing of petition
104 Answer in contested divorce
104.1 Regular trial days
105 Necessity of payment of costs

Part XIII — Miscellaneous Provisions

106 Removal of causes from Court of Common Pleas
107 Briefs
108 Sureties
109 Board of Canvass proceedings D
110 Condemnation cases; designation of proposed commissioners and formation of calendar D
111 Proceeding for an order for the destruction of material in connection with a public health D
112 Proceedings in forma pauperis

Part 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 D
123 Inspection of documents

Part XV — Rules Governing Actions Subject To Summary Proceedings

124 Scope of rules
125 Commencement of action D
125.1 Summary proceedings for Commercial Disputes Panel
126 Responses to the complaint D
127 Depositions and discovery D
128 Summary judgment
129 Optional briefing procedure D
130 Trial D
131 Application to Court for modification of Rules
132 Commissioners D
133 Single-transaction guardianship; settlement of tort claims for disabled person [Effective D

Part XVI — Rules Governing Mediation And Arbitration Proceedings

134 Scope of Rules for Mediation
135 Commencement of Mediation D
136 Mediation Conference
137 Arbitration
138 Commencement of Arbitration D
139 Arbitration Hearing
140 Historical Society of the Superior Court of Delaware

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Superior Court Civil Rules

Chapter XII · Divorce And Annulment

Rule 105. Necessity of payment of costs

Amended 2025 (current)

Repealed, effective Oct. 15, 1980.

Source: Del. Super. Ct. Civ. R. 105 (pdf p. 106)

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