Delaware Superior Court Rules of Civil Procedure
162 rules across 17 Parts · 136 active
The Delaware Superior Court Rules of Civil Procedure govern the state's court of general civil jurisdiction. Its judges adopt them under 10 Del. C. § 561, cited as “Del. Super. Ct. Civ. R.” (in Delaware, often shortened to “Super. Ct. Civ. R.”). Below they keep the same seventeen Parts the official rules use.
Plain-English guides Browse Delaware guides →Note: Superior Court Civil Rules 141–146 (Part XVII, Complex Commercial Litigation Division) took effect March 20, 2026 under a standalone Superior Court order that also amended Rules 5(g) and 37(e). That order's text is reproduced verbatim below; the Court's own consolidated rules compilation has not yet incorporated it as of this page's last verification.
I. Scope of Rules — One Form of Action
Cited as Super. Ct. Civ. R. · 2 active rules · 2 in the official compilation
II. Commencement of Action; Service of Process, Pleadings, Motions and Orders; Deposit and Security for Costs
Cited as Super. Ct. Civ. R. · 4 active rules · 4 in the official compilation
III. Pleadings and Motions
Cited as Super. Ct. Civ. R. · 11 active rules · 12 in the official compilation
- 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 for judgment on pleadings
- 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
IV. Parties
Cited as Super. Ct. Civ. R. · 9 active rules · 9 in the official compilation
- 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
V. Depositions and Discovery
Cited as Super. Ct. Civ. R. · 11 active rules · 12 in the official compilation
- Rule 26 General provisions governing discovery
- Rule 27 Deposition before action or pending appeal Omitted
- 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 purposes
- Rule 35 Physical and mental examinations of persons
- Rule 36 Requests for admission
- Rule 37 Failure to make discovery: Sanctions
VI. Trials
Cited as Super. Ct. Civ. R. · 16 active rules · 18 in the official compilation
- 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 Omitted
- Rule 53 Masters Omitted
VII. Judgment
Cited as Super. Ct. Civ. R. · 13 active rules · 17 in the official compilation
- Rule 54 Judgment; costs
- Rule 54.1 Fees for the prothonotary Repealed
- 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 Transferred
- Rule 58B Entry of judgment by confession in open court Transferred
- Rule 58C Judgments by confession entered prior to July 9, 1971 Transferred
- 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
VIII. Provisional and Final Remedies and Special Proceedings
Cited as Super. Ct. Civ. R. · 8 active rules · 14 in the official compilation
- Rule 64 Seizure of persons or property
- Rule 64.1 Orders for hearing or rules to show cause
- Rule 65 Injunctions Omitted
- Rule 65.1 Security: Proceedings against sureties
- Rule 66 Receivers appointed by federal courts Omitted
- Rule 67 Deposit in Court
- Rule 68 Offer of judgment
- Rule 69 Execution
- Rule 70 Judgment for specific acts; vesting title Omitted
- Rule 71 Process in behalf of and against persons not parties Omitted
- Rule 71A Condemnation of property Transferred
- Rule 71.1 Condemnation of property
- Rule 71.2 Medical negligence Repealed
- Rule 71.3 Forfeitures pursuant to 16 Del. C. § 4784
IX. Appeals
Cited as Super. Ct. Civ. R. · 5 active rules · 6 in the official compilation
X. The Superior Court; Prothonotaries
Cited as Super. Ct. Civ. R. · 5 active rules · 5 in the official compilation
XI. General Provisions
Cited as Super. Ct. Civ. R. · 10 active rules · 13 in the official compilation
- Rule 81 Applicability in special proceedings
- Rule 82 Jurisdiction and venue unaffected
- Rule 83 Rules by district courts Omitted
- Rule 84 Forms Omitted
- 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 91–99 Not adopted Not adopted
XII. Divorce and Annulment
Cited as Super. Ct. Civ. R. · 0 active rules · 8 in the official compilation
- Rule 100 Divorce and annulment Repealed
- Rule 101 Process Repealed
- Rule 102 Sheriffs to whom writs shall be issued Repealed
- Rule 103 Mailing of petition Repealed
- Rule 104 Answer in contested divorce Repealed
- Rule 104A Regular trial days Transferred
- Rule 104.1 Regular trial days Repealed
- Rule 105 Necessity of payment of costs Repealed
XIII. Miscellaneous Provisions
Cited as Super. Ct. Civ. R. · 7 active rules · 7 in the official compilation
- 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 emergency
- Rule 112 Proceedings in forma pauperis
XIV. Masters
Cited as Super. Ct. Civ. R. · 11 active rules · 11 in the official compilation
- 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
XV. Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes
Cited as Super. Ct. Civ. R. · 11 active rules · 11 in the official compilation
- 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
XVI. Rules Governing Mediation and Arbitration Proceedings for Business Disputes
Cited as Super. Ct. Civ. R. · 7 active rules · 7 in the official compilation
XVII. Rules Governing Actions Filed in the Complex Commercial Litigation Division
Cited as Super. Ct. Civ. R. · 6 active rules · 6 in the official compilation
Rules 16.2 and 72.1 are "[Deleted]"/"Deleted" with no operative text. Rules 54.1, 71.2, and 100 through 105 are "[Repealed]"/"Repealed, effective [date]" -- Rules 100-105 make up the whole of Part XII (Divorce and Annulment), so that Part currently has no active rules of its own; Rule 87 is the current rule assigning divorce-type causes to Family Court. Rules 27, 52, 53, 65, 66, 70, 71, 83, and 84 carry a real title but a body of exactly "Omitted," with no operative text. Rules 58A, 58B, 58C, 71A, and 104A are historical letter-suffixed numbers marked "Transferred," each superseded by the decimal rule beside it. All of the above (25 rows) are shown unlinked, with no operative rule text. Rules 91 through 99 were never adopted -- a genuine, permanent numbering gap between Part XI and Part XII -- and are shown as one muted "Not adopted" row. Rules 141 through 146 (Part XVII, Complex Commercial Litigation Division) took effect March 20, 2026 under a standalone Superior Court order that also amended Rules 5(g) and 37(e); their verbatim text is reproduced here directly from that order, since the Court’s own consolidated rules compilation has not yet incorporated it as of this writing.