Delaware Superior Court Civil Rules – 2026

Rule 1 Scope and purpose of Rules Rule 2 One form of action Rule 3 Commencement of action Rule 4 Process Rule 5 Service and filing of pleadings and other papers Rule 6 Time Rule 7 Pleadings allowed; form of motions Rule 8 General rules of pleading Rule 9 Pleading special matters Rule 10 Form of pleadings Rule 11 Signing of pleadings, motions, and other papers: Representations to Court, sanctions Rule 12 Defenses and objections — When and how presented — By pleading or motion — Motion Rule 13 Counterclaim and cross-claim Rule 14 Third-party practice Rule 15 Amended and supplemental pleadings Rule 16 Pretrial conferences; scheduling; management Rule 16.1 Mandatory non-binding arbitration Rule 16.2 [Deleted] Rule 17 Parties plaintiff and defendant; capacity Rule 18 Joinder of claims and remedies Rule 19 Joinder of persons needed for just adjudication Rule 20 Permissive joinder of parties Rule 21 Misjoinder and nonjoinder of parties Rule 22 Interpleader Rule 23 Class actions Rule 24 Intervention Rule 25 Substitution of parties Rule 26 General provisions governing discovery Rule 27 Deposition before action or pending appeal Rule 28 Persons before whom depositions may be taken Rule 29 Stipulations regarding discovery procedure Rule 30 Depositions upon oral examination Rule 31 Depositions upon written questions Rule 32 Use of depositions in court proceedings Rule 33 Interrogatories to parties Rule 34 Production of documents and things and entry upon land for inspection and other Rule 35 Physical and mental examinations of persons Rule 36 Requests for admission Rule 37 Failure to make discovery: Sanctions Rule 38 Jury trial of right Rule 39 Trial by jury or by the Court Rule 40 Assignment of judges; special juries; continuances Rule 41 Dismissal of actions Rule 42 Consolidation: Separate trials Rule 42.1 Opening statements by attorneys Rule 43 Taking of testimony; conferences during trial Rule 44 Proof of official records Rule 44.1 Determination of foreign law Rule 45 Subpoena Rule 46 Exceptions unnecessary Rule 47 Jurors Rule 48 Juries of less than 12 — Majority verdict Rule 49 Special verdicts and interrogatories Rule 50 Judgment as a matter of law in actions tried by jury; alternative motion for new trial; Rule 51 Instructions to jury; objection Rule 52 Findings by the Court Rule 53 Masters Rule 54 Judgment; costs Rule 54.1 Fees for the prothonotary Rule 55 Default judgments Rule 56 Summary judgment Rule 57 Declaratory judgments Rule 58 Entry of judgment Rule 58A Entry of judgment by confession and execution thereon Rule 58B Entry of judgment by confession in open court Rule 58C Judgments by confession entered prior to July 9, 1971 Rule 58.1 Entry of judgment by confession and execution thereon Rule 58.2 Entry of judgment by confession in open court Rule 58.3 Judgments by confession entered prior to July 9, 1971 Rule 59 New trials and rearguments Rule 60 Relief from judgment or order Rule 61 Harmless error Rule 62 Stays by trial court and on appeal Rule 63 Inability of a judge to proceed Rule 64 Seizure of persons or property Rule 64.1 Orders for hearing or rules to show cause Rule 65 Injunctions Rule 65.1 Security: Proceedings against sureties Rule 66 Receivers appointed by federal courts Rule 67 Deposit in Court Rule 68 Offer of judgment Rule 69 Execution Rule 70 Judgment for specific acts; vesting title Rule 71 Process in behalf of and against persons not parties Rule 71A Condemnation of property Rule 71.1 Condemnation of property Rule 71.2 Medical negligence Rule 71.3 Forfeitures pursuant to 16 Del. C. § 4784 Rule 72 Appeals from certain commissioners, boards and courts Rule 72.1 Expedited procedure for appeals on the record Rule 73 Preparation of transcript on appeal to the Supreme Court Rule 74 Interlocutory appeals to the Supreme Court Rule 75 Certification of questions of law to the Supreme Court Rule 76 Supreme Court mandate Rule 77 Superior Courts; Prothonotaries, records and exhibits, fees Rule 78 Motion days; arguments Rule 79 Books and records kept by the Prothonotary Rule 79.1 Electronic filing Rule 80 Seal Rule 81 Applicability in special proceedings Rule 82 Jurisdiction and venue unaffected Rule 83 Rules by district courts Rule 84 Forms Rule 85 Title Rule 86 Effective date Rule 87 Assignment of causes to Family Court Rule 87.1 Assignment of cases to the Court of Common Pleas Rule 88 Allowance of attorney’s fee Rule 89 Appointment of counsel for State officers and employees Rule 90 Attorneys Rule 90.1 Admission pro hac vice Rule 100 Divorce and annulment Rule 101 Process Rule 102 Sheriffs to whom writs shall be issued Rule 103 Mailing of petition Rule 104 Answer in contested divorce Rule 104A Regular trial days Rule 104.1 Regular trial days Rule 105 Necessity of payment of costs Rule 106 Removal of causes from Court of Common Pleas Rule 107 Briefs Rule 108 Sureties Rule 109 Board of Canvass proceedings Rule 110 Condemnation cases; designation of proposed commissioners and formation of calendar Rule 111 Proceeding for an order for the destruction of material in connection with a public health Rule 112 Proceedings in forma pauperis Rule 113 Appointment; removal Rule 114 Duties and powers Rule 115 Witnesses; documents Rule 116 Testimony taken and certified Rule 117 Objections to testimony; hearing thereon Rule 118 Persons who may be examined; burden of proof on exceptions to claim Rule 119 Time for taking testimony Rule 120 Limiting time for taking testimony Rule 121 Minutes of proceedings to be kept Rule 122 Master’s report; action by Court Rule 123 Inspection of documents Rule 124 Scope of rules Rule 125 Commencement of action Rule 125.1 Summary proceedings for Commercial Disputes Panel Rule 126 Responses to the complaint Rule 127 Depositions and discovery Rule 128 Summary judgment Rule 129 Optional briefing procedure Rule 130 Trial Rule 131 Application to Court for modification of Rules Rule 132 Commissioners Rule 133 Single-transaction guardianship; settlement of tort claims for disabled person [Effective Rule 134 Scope of Rules for Mediation Rule 135 Commencement of Mediation Rule 136 Mediation Conference Rule 137 Arbitration Rule 138 Commencement of Arbitration Rule 139 Arbitration Hearing Rule 140 Historical Society of the Superior Court of Delaware