Rule 141 Scope of Complex Commercial Division Rules

(a) These rules shall govern the procedure in the Superior Court of the State of Delaware in actions filed in the Court’s Complex Commercial Litigation Divisions (“CCLD”).

(b) Any case that includes a claim asserted by any party (direct or declaratory judgment) with an amount in controversy of $1 Million or more (designated in the pleadings for either jury or non-jury trials), or involves an exclusive choice of court agreement or a judgment resulting from an exclusive choice of court agreement, or is so designated by the President Judge, qualifies for assignment to the CCLD.

(c) Excluded cases include any case containing a claim for personal, physical or mental injury; mortgage foreclosure actions; mechanics' lien actions; condemnation proceedings; and any case involving an exclusive choice of court agreement where a party to the agreement is an individual acting primarily for personal, family, or household purposes or where the agreement relates to an individual or collective contract of employment.

(d) Identification of a qualifying case will be made by any party by stating the letters CCLD for the Civil Case Code and Complex Commercial Litigation for the Civil Case Type on the Case Information Statement. A party opposing identification of a case as a qualifying case will do so by motion filed before the Rule 16 scheduling conference, or at such other time as the assigned Panel Judge may direct. The filing of such a motion shall not affect the time for filing any pleading, motion, or required response under the Court's rules. If the assigned Panel Judge determines that the case is not a qualifying case, the Judge will notify the Prothonotary who will reassign the case within the appropriate Civil Case Type Category as determined by the Prothonotary.

(e) Unless otherwise expressly provided for in the CCLD Rules, the Superior Court Civil Rules shall continue to apply in all CCLD action.