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Title VI: Trials

Delaware Superior Court Civil Rules – 2026

All Sections Superior Court Civil Rules Overview ← Previous Title V: Depositions and Discovery Next → Title VII: Judgment

All Sections

Title I: Scope of Rules — One Form of Action Title II: Commencement of Action; Service of Process, Pleadings, Motions and Orders; Deposit and Security for Costs Title III: Pleadings and Motions Title IV: Parties Title V: Depositions and Discovery Title VI: Trials Title VII: Judgment Title VIII: Provisional and Final Remedies and Special Proceedings Title IX: Appeals Title X: The Superior Court; Prothonotaries Title XI: General Provisions Title XII: Divorce and Annulment Title XIII: Miscellaneous Provisions Title XIV: Masters Title XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes Title XVI: Rules Governing Mediation and Arbitration Proceedings for Business Disputes Title XVI: Rules Governing Action Filed in the Superior Court’s Complex Commercial Litigation Division (“CCLD”)
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; conditional rulings Rule 51 Instructions to jury; objection Rule 52 Findings by the Court Rule 53 Masters