Delaware Court Rules
Delaware Court Rules
✓ current as of August 2026Full text of 1,244 rules across 11 sets, cross-linked with Delaware case law.
Del. Super. Ct. R. Crim. P. — 83 rules
- Rule 1. Scope
- Rule 2. Purpose and construction
- Rule 3. Commencement and complaint
- Rule 4. Arrest warrant or summons; capias
- Rule 5. Initial appearance before the committing magistrate
- Rule 5.1. Preliminary examination
- Rule 5.2. Pretrial release
- Rule 5.3. Modification of conditions of release
- Rule 5.4. Proceedings for violation of pretrial supervision
- Rule 6. The grand jury
- Rule 7. The indictment and the information
- Rule 8. Joinder of offenses and of defendants
- Rule 9. Warrant or summons upon indictment or information
- Rule 10. Arraignment
- Rule 11. Pleas
- Rule 12. Pleadings and motions before trial; defenses and objections
- Rule 12.1. Notice of alibi
- Rule 12.2. Notice of insanity defense or expert testimony of defendant’s mental condition
- Rule 12.3. Notice of defense based upon public authority
- Rule 13. Trial together of indictments or informations
- Rule 14. Relief from prejudicial joinder
- Rule 15. Depositions
- Rule 16. Discovery and inspection
- Rule 17. Subpoena
- Rule 17.1. Pretrial conference
- Rule 18. Place of prosecution and trial
- Rule 19. Reverse amenability proceedings
- Rule 20. Transfer from the county for plea and sentence
- Rule 21. Transfer from the county for trial
- Rule 22. Time of motion to transfer
- Rule 23. Trial by jury or by the court
- Rule 24. Trial jurors
- Rule 25. Judge; disability
- Rule 26. Taking of testimony
- Rule 26.1. Conferences during trial
- Rule 26.2. Production of statements of witnesses
- Rule 26.3. Mistrial
- Rule 27. Proof of official record
- Rule 28. Interpreters
- Rule 29. Motion for judgment of acquittal
- Rule 29.1. Closing argument
- Rule 30. Instructions
- Rule 31. Verdict
- Rule 32. Sentence and judgment
- Rule 32.1. Revocation or modification of partial confinement or probation
- Rule 33. New trial
- Rule 34. Arrest of judgment
- Rule 35. Correction or reduction of sentence [For application of this rule regarding modification of a habitual offender sentence, see Special Rule of Procedure 2017-1, contained in an appendix to these rules]
- Rule 35A. Modification of sentence for an offense committed as a juvenile
- Rule 36. Clerical mistakes
- Rule 37. Appeal and certification to Supreme Court
- Rule 37.1. Notice to attorney general; appeals de novo; appeals on the record
- Rule 37A. Notice to attorney general; filing information
- Rule 38. Stay of execution
- Rule 39. Appeal to Superior Court
- Rule 39.1. Dismissal of appeals
- Rule 40. Criminal forfeiture
- Rule 41. Search and seizure
- Rule 42. Criminal contempt
- Rule 42.1. Protection of victims and witnesses
- Rule 42.2. Expungement of criminal records
- Rule 43. Presence of the defendant
- Rule 44. Right to and assignment of counsel
- Rule 45. Time
- Rule 46. Release from custody
- Rule 47. Motions; pro se applications
- Rule 48. Dismissal
- Rule 49. Service and filing of papers
- Rule 50. Calendars; plans for prompt disposition
- Rule 51. Exceptions unnecessary
- Rule 52. Harmless error and plain error
- Rule 53. Regulation of conduct in the courtroom
- Rule 54. Application and exception
- Rule 55. Records and exhibits
- Rule 56. Court and proceedings
- Rule 57. Rules; procedure not provided
- Rule 58. Fees and costs; bank accounts
- Rule 59. Effective date
- Rule 60. Title
- Rule 61. Postconviction remedy
- Rule 62. Commissioners
- Rule 63. Admission pro hac vice
- Rule 64. Electronic filing
Del. Super. Ct. R. Civ. P. — 156 rules
- 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 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]
- 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 purposes
- 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; conditional rulings
- 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 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 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 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 71.1. Condemnation of property
- Rule 71.2. Medical negligence [Repealed]
- Rule 71.3. Forfeitures pursuant to 16 Del. C. § 4784
- Rule 71A. Condemnation of property
- 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 91-99
- 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 104.1. Regular trial days
- Rule 104A. 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 emergency
- 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
- 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
Del. Fam. Ct. Crim. R. — 82 rules
- Rule 1. Scope; title; effective date; definitions; application of terms
- Rule 2. Purpose and construction
- Rule 3. Commencement of action
- Rule 4. Warrant or summons upon complaint
- Rule 5. Initial appearance before the committing magistrate
- Rule 5.1. Child detention
- Rule 5.2. Manner of notice
- Rule 6. The grand jury
- Rule 6A. Arbitration conferences
- Rule 6B. Amenability hearings in child delinquency proceedings
- Rule 6C. Preliminary hearing
- Rule 7. The information and petition
- Rule 7.1. Cases transferred from the Court of Common Pleas for New Castle County
- Rule 8. Joinder of offenses and of persons charged
- Rule 9. Warrant or summons upon information or petition
- Rule 10. Arraignment
- Rule 11. Pleas
- Rule 12. Pleadings and motions before trial; defenses and objections
- Rule 12.1. Notice of insanity
- Rule 13. Joinder for trial of informations or petitions
- Rule 14. Relief from prejudicial joinder
- Rule 15. Depositions
- Rule 16. Discovery and inspection
- Rule 17. Subpoena
- Rule 17.1. Pre-trial conference; case review
- Rule 18. County
- Rule 19. Transfer within the district
- Rule 20. Transfer from the district for plea and sentence
- Rule 21. Transfer from the county for trial
- Rule 22. Time of motion to transfer
- Rule 23. Continuances: Contents of motion or request; absence of material witness
- Rule 23.1. Right to trial by jury
- Rule 24. Type of trial; record
- Rule 25. Judge; disability
- Rule 26. Evidence
- Rule 27. Proof of official record
- Rule 28. Expert witnesses and interpreters
- Rule 29. Motion for judgment of acquittal
- Rule 30. Instructions
- Rule 31. Finding; adjudication
- Rule 32. Sentence and judgment
- Rule 33. New trial
- Rule 34. Arrest of judgment
- Rule 35. Correction or reduction of sentence
- Rule 35.1. Preparation of transcript on appeal
- Rule 36. Clerical mistakes
- Rule 37. Taking appeal; time
- Rule 37.1. Notice to Attorney General; appeals de novo; appeals on the record
- Rule 38. Stay of execution and relief pending review
- Rule 38.1. Appeals by the State in criminal cases
- Rule 38.2. Court-appointed counsel in appeals
- Rule 39. Appeals to Family Court
- Rule 39.1. Dismissal of appeals
- Rule 40. Commitment to another district; removal
- Rule 41. Search and seizure
- Rule 41.1. Forfeiture of property used for unlawful purpose
- Rule 42. Criminal contempt
- Rule 43. Presence of the person charged
- Rule 44. Appointment of counsel for adults
- Rule 44.1. Appointment of counsel for juveniles
- Rule 45. Time
- Rule 46. Bail
- Rule 47. Motions, briefs and other papers
- Rule 48. Nolle prosequi and dismissal
- Rule 49. Masters
- Rule 50. Calendars; order of business
- Rule 51. Exceptions unnecessary
- Rule 52. Harmless error and plain error
- Rule 53. Regulation of conduct in the courtroom
- Rule 54. Application and exception
- Rule 55. Books and records kept by the Clerk and entries therein
- Rule 56. The Family Court; duties of the Clerk; records and exhibits
- Rule 56.1. Supreme Court mandate
- Rule 56.2. Certification of questions of law to the Supreme Court
- Rule 57. Rules of Court
- Rule 58. Forms
- Rule 59
- Rule 60. Entry of appearance by counsel
- Rule 61. Attorneys
- Rule 62. Records; privacy
- Rule 62.1. Electronic copy of audio record
- Rule 63. Sealing records
Del. Fam. Ct. Civ. R. — 184 rules
- 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; 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. Required reports
- Rule 16.1. Mediation
- Rule 16.2. Case management conferences, scheduling orders and pretrial conferences
- Rule 16.3. Alternative dispute resolution
- Rule 16.4. Divorcing and separating parents’ education program
- Rule 17. Parties; 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 purposes
- Rule 35. Physical, mental and other examination of persons
- Rule 36. Requests for admission
- Rule 37. Failure to make discovery: Sanctions; failure or neglect to file discovery material
- Rule 38. Jury trial of right
- Rule 39. Trial by jury or by the Court
- Rule 40. Continuances: Contents of motion or request; absence of material witness
- Rule 41. Dismissal of actions
- Rule 42. Consolidation; separate trials
- Rule 42.1. Opening statements by attorneys
- Rule 42.2. Type of trial; record
- Rule 43. Evidence
- Rule 44. Proof of official records
- Rule 44.1. Determination of foreign law
- Rule 44.2. Reports or other information; availability; restrictions on use; hearings
- 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. Motion for directed verdict
- Rule 51. Instructions to jury; objection
- Rule 52. Findings by the Court, conclusions, reasons; guidelines and standards in property distribution, alimony and child support cases
- Rule 53. Masters
- Rule 53.1. Appeals from commissioners’ orders
- Rule 54. Judgment
- Rule 55. Default judgments
- Rule 56. Summary judgment
- Rule 57. Declaratory judgments
- Rule 58. Entry of judgment
- 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 judicial officer 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 65.2. Emergency and interim orders
- Rule 65.3. Directions and restrictions on conduct
- Rule 66. Receivers appointed by federal courts
- Rule 67. Deposit in Court
- Rule 68. Offer of judgment
- Rule 69. Execution writ for payment of money: Transcription to Superior Court
- Rule 70. Judgment for specific acts; vesting title; contempt
- Rule 71. Process in behalf of and against persons not parties
- Rule 71.1. Condemnation of property
- Rule 71.2. Medical malpractice
- Rule 72. Appeals from certain boards to Family Court
- Rule 73. Preparation of transcript on appeal
- Rule 73.1. Deposit for fees and costs of appeals
- Rule 74. Interlocutory appeals
- Rule 75. Certification of questions of law to the Supreme Court
- Rule 76. Supreme Court mandate
- Rule 77. The Family Court; duties of the Clerk; records and exhibits
- Rule 78. Motion days; arguments
- Rule 79. Books and records kept by the Clerk and entries therein
- Rule 79.1. Electronic filing
- Rule 79.2. Filing by email
- Rule 80. Stenographer; stenographic report or transcript as evidence
- 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 from Superior Court or the Court of Chancery
- Rule 87.1. Assignment of cases to the Court of Common Pleas
- Rule 87.2. Venue and transfer of action between counties
- Rule 88. Allowance of attorneys’ fees; expenses and services
- Rule 89. Appointment of counsel for State officers and employees
- Rule 90. Attorneys
- Rule 90.1. Records; privacy
- Rule 90.2. Sealing records
- Rule 90.3. Transcripts
- Rule 90.4. Electronic copy of audio record
- Rule 100. Divorce and annulment; acquiring jurisdiction
- Rule 101. Process; complaint; prayers
- Rule 102. Sheriffs to whom writs shall be issued
- Rule 103. Mailing of petition
- Rule 104. Answer in contested divorce
- Rule 104.1. Scheduling; notice of hearings
- Rule 104.2. Decrees of divorce and annulment
- Rule 105. Necessity to pay costs
- Rule 106. Removal of causes from Court of Common Pleas
- Rule 107. Briefs; letter memoranda
- Rule 108. Sureties
- Rule 109. Complaint
- Rule 110. Condemnation cases; designation of proposed commissioners and formation of calendar
- Rule 111. Termination of parental rights and adoption
- Rule 112. Proceedings in forma pauperis
- Rule 200. Scope
- Rule 201. Construction and enforcement of rules
- Rule 202. Extension of time and continuances
- Rule 203. Scheduling of subsequent proceedings
- Rule 204. Commencement of action
- Rule 205. Notice to parents of right to counsel
- Rule 206. Appointment of counsel for the parent
- Rule 207. Appointment of Guardian ad Litem, Court Appointed Special Advocate, or counsel for the child
- Rule 208. Notice to foster caregivers
- Rule 209. Contrary to the child’s welfare
- Rule 210. Determination of reasonable efforts
- Rule 211. Notification to relatives
- Rule 212. Emergency removal of a child [Effective Jan. 5, 2026]
- Rule 213. Motion to change legal custody or permanency plan; aggravated circumstances; motions in general
- Rule 214. Preliminary protective hearing. (10 day hearing*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- Rule 215. Adjudicatory hearing. (30 days*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- Rule 216. Dispositional hearing. (70 days*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- Rule 217. Review hearings. (90 days*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- Rule 218. Permanency hearing. (twelve months*Denotes time guidelines reflective of the Adoption and Safe Families Act, which can be adjusted as deemed necessary by the Court.)
- Rule 219. Permanency review hearings
- Rule 220. Post termination placement orders
- Rule 221. Missing and out-of-state parents
- Rule 222. Independent living services
- Rule 223. Scope
- Rule 224. Commencement of action
- Rule 225. Emergency removal of a child
- Rule 226. Preliminary protective hearing
- Rule 227. Adjudicatory hearing
- Rule 300. Expedited procedures for support actions
- Rule 301. Petition requirements
- Rule 302. Income attachment; operation of law adjustment; change of payee
- Rule 303. Hearings and records
- Rule 400. Hearings [Effective Jan. 5, 2026]
- Rule 401. Records
- Rule 402. Parties, Filing and Service [Effective Jan. 5, 2026]
- Rule 403. Emergency Orders and Expedited Scheduling [Effective Jan. 5, 2026]
- Rule 404. Case Review [Effective Jan. 5, 2026]
- Rule 405. Trial [Effective Jan. 5, 2026]
- Rule 406. Custody and Child Support [Effective Jan. 5, 2026]
- Rule 407. Modification and Enforcement [Effective Jan. 5, 2026]
- Rule 408. Protection of a Child or Incompetent Adult [Effective Jan. 5, 2026]
- Rule 500. Delaware child support formula; general principles
- Rule 501. Reasonable earning capacity
- Rule 502. Net available income
- Rule 503. Primary support need
- Rule 504. Standard of Living Adjustment (SOLA)
- Rule 505. Credits and the net monthly obligation
- Rule 506. Minimum orders and low-income adjustments
- Rule 507. Medical support
- Rule 508. Modification
- Rule 509. Retroactive support
- Rule 510. Overpayments
Del. C.P. Crim. R. — 76 rules
- Rule 1. Scope
- Rule 2. Purpose and construction
- Rule 3. Commencement
- Rule 4. Arrest warrant or summons; capias
- Rule 5. Appearance before the committing magistrate
- Rule 5.1. Preliminary hearing
- Rule 6
- Rule 7. The information
- Rule 8. Joinder of offenses and of defendants
- Rule 9. Warrant or summons upon information
- Rule 10. Arraignment
- Rule 11. Pleas
- Rule 12. Pleadings and motions before trial; defenses and objections
- Rule 12.1
- Rule 12.2. Notice of insanity defense or expert testimony of defendant’s mental condition
- Rule 12.3. Notice of defense based upon public authority
- Rule 13. Trial of informations
- Rule 14. Relief from prejudicial joinder
- Rule 15. Depositions
- Rule 16. Discovery and inspection
- Rule 17. Subpoena
- Rule 17.1. Pretrial/trial management conference
- Rule 18. Place of prosecution and trial
- Rule 19
- Rule 20. Transfer from the county for plea and sentence
- Rule 21. Transfer from the county for trial
- Rule 22. Time of motion to transfer
- Rule 23. Trial by jury or by the Court
- Rule 23A. Right to trial by jury
- Rule 24. Trial jurors
- Rule 25. Judge; disability
- Rule 26. Taking of testimony
- Rule 26.1. Conferences during trial
- Rule 26.2. Production of statements of witnesses
- Rule 26.3. Mistrial
- Rule 27. Proof of official record
- Rule 28. Expert witnesses and interpreters
- Rule 29. Motion for judgment of acquittal
- Rule 29.1. Closing argument
- Rule 30. Instructions
- Rule 31. Verdict
- Rule 32. Sentence and judgment
- Rule 32.1. Revocation or modification of partial confinement or probation
- Rule 33. New trial
- Rule 34. Arrest of judgment
- Rule 35. Correction or reduction of sentence
- Rule 36. Clerical mistakes
- Rule 37. Appeals to the Superior Court
- Rule 38. Stay of execution
- Rule 39. Appeals to the Court of Common Pleas
- Rule 40
- Rule 41. Search and seizure
- Rule 42. Criminal contempt
- Rule 43. Presence of the defendant
- Rule 44. Right to and assignment of counsel
- Rule 45. Time
- Rule 46. Release from custody [See interim Superior Court Criminal Rules 5.2 to 5.4 regarding application of 11 Del. C. Chapter 21]
- Rule 47. Motions; pro se applications
- Rule 48. Nolle prosequi and dismissal
- Rule 49. Service and filing of papers
- Rule 50. Calendars; order of business
- Rule 51. Exceptions unnecessary
- Rule 52. Harmless error and plain error
- Rule 53. Regulation of conduct in the courtroom
- Rule 54. Application and exception
- Rule 55. Books and records kept by the clerk
- Rule 56. Courts and Clerk of Court
- Rule 57. Rules of the Court
- Rule 58. Fees and costs
- Rule 59. Effective date
- Rule 60. Title
- Rule 61. Postconviction remedy
- Rule 62. Admission pro hac vice
- Rule 63. Commissioners
- Rule 64. Transfer of cases to the Court of Common Pleas
- Rule 65. Electronic filing
Del. J.P. Crim. R. — 72 rules
- Rule 1. Scope of Rules
- Rule 2. Purpose and Construction
- Rule 3. Commencement and complaint
- Rule 4. Arrest warrant or summons; capias
- Rule 5. Appearance before the Justice of the Peace acting as committing magistrate
- Rule 6. The arrest warrant or summons
- Rule 7. The information
- Rule 8. Joinder of offenses and of defendants
- Rule 9. Return of warrant or summons upon indictment or information issued by another court
- Rule 10. Initial appearances and arraignments
- Rule 10.1. Establishment of trial dates
- Rule 11. Pleas
- Rule 12. Pleadings and motions before trial; defenses and objections
- Rule 13. Trial together of the offenses charged in two or more documents
- Rule 14. Relief from prejudicial joinder
- Rule 15. Depositions
- Rule 16. Discovery and inspection
- Rule 16.1. Bill of particulars
- Rule 17. Subpoena
- Rule 17.1. Pretrial conference
- Rule 18. Place of prosecution and trial
- Rule 19. Continuances and adjournments
- Rule 20. Transfer from the county for plea and sentence
- Rule 21. Transfer from the county for trial
- Rule 22. Time of motion to transfer
- Rule 23. Trial
- Rule 24. Trial jurors
- Rule 25. Justice of the Peace; disability
- Rule 26. Taking of testimony
- Rule 26.1. Conferences during trial
- Rule 26.2. Production of statements of witnesses
- Rule 26.3. Mistrial
- Rule 27. Proof of official record
- Rule 28. Interpreters
- Rule 29. Motion for judgment of acquittal
- Rule 29.1. Closing argument
- Rule 30. Instructions
- Rule 31. Verdict
- Rule 32. Sentence and judgment
- Rule 33. New trial
- Rule 34. Arrest of judgment
- Rule 35. Correction or reduction of sentence
- Rule 36. Clerical mistakes
- Rule 37. Appeal and certification to the Supreme Court
- Rule 38. Stay of execution
- Rule 39. Appeal to Superior Court
- Rule 40. Criminal Forfeiture
- Rule 41. Search and seizure
- Rule 42. Criminal contempt
- Rule 43. Presence of the defendant
- Rule 44. Right of counsel
- Rule 44.1. Appointment of counsel for juveniles
- Rule 45. Time
- Rule 46. Bail [See interim Superior Court Criminal Rules 5.2 to 5.4 regarding application of 11 Del
- Rule 47. Motions; pro se applications
- Rule 48. Nolle prosequi and dismissal
- Rule 49. Service and filing of papers
- Rule 50. Calendars; plans for prompt disposition
- Rule 51. Exceptions unnecessary
- Rule 52. Harmless error and plain error
- Rule 53. Conduct in the courtroom
- Rule 54. Application and exception
- Rule 55. Records and exhibits
- Rule 56. Court and proceedings
- Rule 57. Rules; procedure not provided
- Rule 58. Fees and costs; deposit of funds
- Rule 59. Effective date
- Rule 60. Title
- Rule 61. Postconviction remedy
- Rule 62. Commissioners
- Rule 63. Admission pro hac vice
- Rule 64. Facsimile transmission
Del. C.P. Civ. R. — 106 rules
- Rule 1. Scope 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 represented — 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 procedure; formulating issues
- Rule 16.1. [Deleted]
- 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 26A. Discovery procedures
- 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 of witnesses 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 examination 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 cases for trial, 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. Motion for a directed verdict and for judgment notwithstanding the verdict
- Rule 51. Instructions to jury; objection
- Rule 52. Findings by the Court
- Rule 53. Masters
- Rule 54. Judgment; costs
- Rule 55. Default judgments
- Rule 56. Summary judgment
- Rule 57. Declaratory judgment
- Rule 58. Entry of judgment
- Rule 58A. Transfer of judgment to Superior Court
- 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. Disability of a judge
- Rule 64. Provisional and final remedies and special proceedings
- Rule 64.1. Orders in 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. Confirmation of arbitration award in actions arising from contracts to provide consumer credit
- Rule 71. Process in behalf of and against persons not parties
- Rule 72. Appeals to Superior Court
- Rule 72.1. Appeals from certain commissions, boards, agencies and courts
- Rule 72.2. Expedited procedure for appeals on the record
- Rule 72.3. Appeals de novo
- Rule 73-76
- Rule 77. The Court of Common Pleas: Clerk’s records and exhibits
- Rule 78. Motion day
- Rule 79. Electronic filing
- Rule 79.1. Procedures
- Rule 80. Stenographer; stenographic report or transcript as evidence
- Rule 81. Petitions for change of name
- Rule 82. Jurisdiction and venue unaffected
- Rule 83. Rules by district courts
- Rule 84. Seal
- Rule 85. Title
- Rule 86. Declaration of habitual offender status
- Rule 87-89
- Rule 90. Attorneys
- Rule 90.1. Admission pro hac vice
- Rule 91-106
- Rule 107. Briefs
- Rule 108. Sureties
- Rule 109. Fees and costs
- Rule 110. Proceedings in forma pauperis
- Rule 111
- Rule 112. Commissioners
- Rule 113. Masters
Del. J.P. Civ. R. — 88 rules
- Rule 1. Scope 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; motions
- Rule 8. General rules of pleading
- Rule 9. Pleadings and special matters
- Rule 10. Form of pleadings, motions and other papers
- Rule 11. Signing of pleadings, motions, and other papers: representations to Court, sanctions
- Rule 12. Defenses
- Rule 13. Counterclaims and cross-claims
- Rule 14. Third-party practice
- Rule 15. Amended and supplemental pleadings
- Rule 16. Pretrial conferences
- Rule 16.1. Compulsory arbitration
- Rule 16.2. Voluntary mediation
- 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. Interpleaders
- Rule 23. Class actions
- Rule 24. Intervention
- Rule 25. Substitution of parties
- Rule 26. Bill of particulars
- Rule 27. Other permitted discovery
- 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
- Rule 41. Dismissal of actions
- Rule 42. Consolidation; separate trials
- Rule 42.1. Opening statements
- 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. Objections in jury trials
- Rule 47. Jurors and jury trials
- Rule 48. Majority verdict
- Rule 49. Special verdicts and interrogatories
- Rule 50. Judgment as a matter of law in actions tried by jury
- Rule 51. Instructions to jury; objection
- Rule 52. Findings by the Court
- Rule 53. Masters
- Rule 54. Judgment; costs
- Rule 55. Default judgments
- Rule 56. Summary judgment
- Rule 57. Declaratory judgment
- Rule 58. Entry of judgment
- Rule 58A. Transfer of judgment to Superior Court
- 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; disqualification
- Rule 64. Seizure of persons or property
- Rule 64.1. Orders in rules to show cause
- Rule 65. Injunction
- 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. Petitions for title to abandoned property
- Rule 71. Process in behalf of and against persons not parties
- Rule 72. Appeals to the Court of Common Pleas
- Rule 72.1. Appeals in summary possession cases
- Rule 77. Justice of the Peace Court; clerks; records and exhibits, fees
- Rule 78. Motion days
- Rule 79. Dockets
- Rule 79.1. Electronic filing
- Rule 85. Title
- Rule 86. Effective date
- Rule 89. Appointment of counsel for State officers and employees
- Rule 90. Attorneys
- Rule 90.1. Admission pro hac vice
- Rule 91. Artificial entity and public body representation
- Rule 106. Attorneys and other court officers as bondsmen
- Rule 107. Court seals
- Rule 108. Education requirements for Justices of the Peace
- Rule 109. Authority of the Chief Magistrate
- Rule 110. Deputy chief magistrates
- Rule 111. Facsimile transmission
- Rule 112. Proceedings in forma pauperis
Del. Sup. Ct. R. — 83 rules
- Rule 1. Term of Court
- Rule 2. Quorum; seniority
- Rule 3. Powers of individual Justices
- Rule 4. Panel assignments and the Court en Banc
- Rule 6. Time for taking appeals and cross-appeals
- Rule 7. Commencement of appeal
- Rule 8. Questions which may be raised on appeal
- Rule 9. The record
- Rule 10. Service and filing of papers
- Rule 10.1. Electronic filing
- Rule 10.2. eFile administrative procedures
- Rule 11. Time
- Rule 12. Attorneys of record; withdrawal
- Rule 13. Form of briefs, appendices and other papers
- Rule 14. Briefs and appendices; contents
- Rule 15. Briefs and appendices; time for service and filing
- Rule 16. Argument
- Rule 17. Opinions and orders
- Rule 18. Reargument
- Rule 19. Mandate
- Rule 20. Fees and costs
- Rule 25. Expedited procedure
- Rule 26. Appeals in criminal and juvenile delinquency cases
- Rule 26.1. Appeals in termination of parental rights cases
- Rule 27. Appeals by the State in criminal cases
- Rule 28. Brief of amicus curiae
- Rule 29. Dismissal
- Rule 30. Motions
- Rule 31. Substitution of parties
- Rule 32. Stays and injunctions pending appeal; security for such stays or injunctions
- Rule 33. Sanctions and discipline for performance deficiency
- Rule 34. Nonconforming papers
- Rule 35. Review and stay of death penalty
- Rule 41. Certification of questions of law
- Rule 42. Interlocutory appeals
- Rule 43. Extraordinary writs
- Rule 44. Advisory opinions upon request from the Governor or from the General Assembly
- Rule 51. Board of Bar Examiners
- Rule 52. Admission to the Bar — General
- Rule 53. Admission to the Bar — Attorneys admitted elsewhere
- Rule 54. Admission in open court; oath
- Rule 55. Limited permission to practice in certain public programs
- Rule 55.1. Limited permission to practice as in-house counsel
- Rule 55.2. Foreign Legal Consultants
- Rule 55.3. Limited permission to practice for certain Assistant United States Attorneys
- Rule 55.4. Limited Permission to Practice as a Military Spouse
- Rule 56. Admission of Eligible Law Student to limited practice as a legal intern
- Rule 57. Artificial entity and public body pro se representation in civil actions in the Courts of the Justices of the Peace
- Rule 57.1. Representation of Residential Tenant by Qualified Tenant Advocate in the Justice of the Peace Court
- Rule 58. Provision of legal services following determination of major disaster
- Rule 61. Professional ethics
- Rule 62. Board on Professional Responsibility
- Rule 63. No final mandate
- Rule 64. Office of Disciplinary Counsel
- Rule 65. Interest on Lawyer Trust Accounts
- Rule 66. Lawyers’ Fund for Client Protection
- Rule 67. Professional Organizations
- Rule 68. Appointment of counsel for State officers and employees
- Rule 69. Categories of Bar membership and annual registration
- Rule 70. Mandatory continuing legal education
- Rule 71. Admission pro hac vice
- Rule 72. Admission pro hac vice before administrative agencies of this State
- Rule 73. [Deleted]
- Rule 74. Delaware Lawyer’s Assistance Program
- Rule 81. The Judicial Conference
- Rule 82. Assignment judges of trial courts
- Rule 83. Attorneys and other court officers as bondsmen
- Rule 84. Code of Judicial Conduct
- Rule 85. Advisory Committee on Litigation Ethical Problems
- Rule 86. Unauthorized Practice of Law Subcommittee of the Board on Professional Responsibility
- Rule 87. Administrative Office of the Courts
- Rule 91. Court administration
- Rule 92. Seal
- Rule 93. Permanent Advisory Committee on Supreme Court Rules and Rules of Evidence
- Rule 94. Permanent Advisory Committee on Supreme Court Rules
- Rule 95. Permanent Advisory Committee on the Delaware Uniform Rules of Evidence
- Rule 96. Permanent Advisory Committee on the Delaware Lawyers’ Rules of Professional Conduct
- Rule 97. Permanent Advisory Committee on Professionalism
- Rule 101. Scope and application of Rules
- Rule 102. General provisions
- Rule 200. Panel assignments and the Court en Banc
- Rule 201. Annual registration statement
- Rule 300. Historical Society of the Supreme Court of Delaware
Del. Ch. Ct. R. — 231 rules
- Rule 1. Scope and Purpose These rules shall govern the procedure in the Court of Chancery of the State of Delaware. They should be construed, administered, and employed by the Court and
- Rule 2. One Form of Action There is one form of action—the civil action
- Rule 3. Commencing an Action; Related Deposits, Fees, and Charges
- Rule 4. Process
- Rule 5. Service and Filing; Appearance and Withdrawal
- Rule 5.1. Public Access to Documents Filed with the Court in Civil Actions
- Rule 6. Computing and Extending Time
- Rule 7. Pleadings; Motions; Briefs; Letters; Compendia; Scheduling and Argument
- Rule 8. General Rules of Pleading
- Rule 9. Pleading Special Matters
- Rule 10. Caption; Form of Filings
- Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
- Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
- Rule 13. Counterclaim and Crossclaim
- Rule 14. Third-Party Practice
- Rule 15. Amended and Supplemental Pleadings
- Rule 16. Pretrial Procedure; Formulating Issues
- Rule 17. Real Party in Interest; Capacity; Public Officers
- Rule 18. Joinder of Claims A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party
- Rule 19. Required Joinder of Parties
- Rule 20. Permissive Joinder of Parties
- Rule 21. Misjoinder and Nonjoinder of Parties Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the Court may at any time, on just terms, add or drop a party. The Court m
- Rule 22. Interpleader
- Rule 23. Class Actions
- Rule 23.1. Derivative Actions for Entities with Separate Legal Existence
- Rule 23.2. Actions on Behalf of or Against the Members of an Association Without Separate Legal Existence
- Rule 24. Intervention
- Rule 25. Substitution of Parties
- 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 Unless the Court orders otherwise, the parties may by written stipulation (1) provide that depositions may be
- 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, Electronically Stored Information, and Tangible Things and Entry Upon Land for Inspection and Other Purposes
- Rule 35. Physical and Mental Examination of Persons
- Rule 36. Requests for Admission
- Rule 37. Failure to Make Discovery: Sanctions
- Rule 38. Jury trial of Right Omitted
- Rule 39. Trial by Jury or by the Court Omitted
- Rule 40. Call of Calendar, Duty of Register; Continuances
- Rule 41. Dismissal of Actions
- Rule 42. Consolidations: Separate Trials
- Rule 43. Evidence
- Rule 44. Proof of Official Record
- Rule 44.1. Determination of Foreign Law A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The Court, in determin
- Rule 45. Subpoena
- Rule 46. Objecting to a Ruling or Order Except when a statute or rule otherwise requires, a formal objection to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need onl
- Rule 47. Jurors Omitted
- Rule 48. Juries of Less Than 12 — Majority Verdict Omitted
- Rule 49. Special Verdicts and Interrogatories Omitted
- Rule 50. Motion for a Directed Verdict Omitted
- Rule 51. Instructions to jury: Objection Omitted
- Rule 52. Findings by the Court Omitted
- Rule 53. Magistrates in Chancery Transferred. See Rules 135 - 147
- Rule 54. Judgment; Costs
- Rule 55. Default; Default Judgment
- Rule 56. Summary Judgment
- Rule 57. Declaratory Judgments These rules govern the procedure for obtaining a declaratory judgment under 10 Del. C. § 6501 or any similar statute. The existence of another adequate remedy
- Rule 58. Form of Judgment Except as authorized by Rule 54(b), a final order constitutes the judgment of the Court. A judgment may be filed as a separate document
- Rule 59. New Trial or Other Action After Trial; Altering or Amending a Judgment; Reargument; Clarification
- Rule 60. Corrections to Record; Relief from a Judgment
- Rule 61. Harmless Error Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the Court or a party—is ground for granting a new trial or for vacating,
- Rule 62. Stay of Proceedings Pending Appeal
- Rule 63. Judicial Officer’s Inability to Proceed If the judicial officer conducting a hearing or trial is unable to proceed, any other judicial officer may proceed upon certifying familiarity with the record a
- Rule 64. Seizing a Person or Property At the commencement of and throughout an action, every statutory and equitable remedy is available that provides for seizing a person or property to secure satisfaction of
- Rule 65. Injunctions and Restraining Orders
- Rule 65.1. Proceedings Against a Security Provider Whenever these rules require or allow a party to give security, and security is given with one or more security providers, each provider submits to the Court’s
- Rule 66. Receivers Transferred. See Rules 148-168
- Rule 67. Depositing Money or Other Deliverable Thing If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable
- Rule 68. Offer of Judgment Omitted
- Rule 69. Execution
- Rule 70. Enforcing an Order for a Specific Act
- Rule 71. Enforcing Relief For or Against a Nonparty When an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party
- Rule 71A. Condemnation of Property Omitted
- Rule 72. Appeals, Certifications and Mandates
- Rule 73. Appeal to a Court of Appeals Omitted
- Rule 74. Joint or Several Appeals to the Supreme Court or to a Circuit Court of Appeals; Summons and Severance Abolished Omitted
- Rule 75. Record on Appeal to a Circuit Court of Appeals Omitted
- Rule 76. Record on Appeal to a Circuit Court of Appeals; Agreed Statement Omitted
- Rule 77. Court and Register Open; Register Office Hours; Register Duties; Notice of Orders; Conducting Trial and Other Proceedings; Opinions to be Dated
- Rule 78. Regular Hearings The Court may establish regular times and places for hearing motions
- Rule 79. The Docket
- Rule 79.1
- Rule 79.2
- Rule 80. Court of Chancery Seal The Chancellor may designate a court seal, which shall be the official Court of Chancery Seal for use in such official and ceremonial purposes as the Chancellor shall designate
- Rule 81. Corporate Election by Magistrate
- Rule 82. Jurisdiction and Venue Unaffected These Rules do not extend or limit the Court’s jurisdiction or the venue of actions
- Rule 83. Proceedings In Forma Pauperis
- Rule 84. Court Interpreters In trials and other proceedings in the presence of a judicial officer, an interpreter shall be provided for indigent persons who have limited English proficiency or are
- Rule 85. Title These rules may be cited as the Court of Chancery Rules
- Rule 86. Effective Date of Amendments Amendments to the Rules take effect when the Chancellor specifies. An amendment governs:
- Rule 87. Omitted
- Rule 88. Expense Awards
- Rule 89. Bonds of Fiduciaries Each bond filed in the Court of Chancery after December 1, 1969, shall be in the form and manner prescribed by the Court and submitted to the Register in Chancery or filed
- Rule 90. Access to Documents Filed with the Court in Civil Miscellaneous Actions
- Rule 91. Technology Disputes Arising at Law The Court shall have jurisdiction to adjudicate a technology dispute involving solely a claim for monetary damages only in the event the amount in controversy
- Rule 92. Consent to Litigate
- Rule 93. Scope of Rules
- Rule 94. Commencement of Mediation
- Rule 95. Mediation Conference
- Rule 96. Appointment of Arbitrator Under Delaware Rapid Arbitration Act
- Rule 97. Special Proceedings Under Delaware Rapid Arbitration Act
- Rule 98. Reserved [Reserved]
- Rule 99. Reserved for Possible Future Rule [Reserved]
- Rule 100. Contents of a Petition to Modify a Trust by Consent
- Rule 101. Appendix of Exhibits to Consent Petition
- Rule 102. Form of Consents to the Relief Sought in the Petition
- Rule 103. Consent Petitions Appending Consents Under 12 Del. C. § 3547
- Rule 104. Consent Petition Proposed Orders and Application of Rules
- Rule 105. Notice of Intent to Execute Writ Given by Sheriff Omitted, effective Apr. 1, 2003
- Rule 106. Appointment of Trustee Without Writ Omitted, effective Apr. 1, 2003
- Rule 107. Trustee Appointed Without Writ; Contents of Petition Omitted, effective Apr. 1, 2003
- Rule 107.1. Hearing Upon Petition for Appointment of Trustee Without Writ Omitted, effective Apr. 1, 2003
- Rule 107.2. Petition for Leave to Expend Principal or Borrow Money Omitted, effective Apr. 1, 2003
- Rule 108. Discharge of Trustee Upon Recovery of Sanity Omitted, effective Apr. 1, 2003
- Rule 109. Bond by Guardian or Trustee; Power of Attorney
- Rule 110. Requirements for Inventory and Supplemental Inventory
- Rule 111. Appraisal If the Court is not satisfied that the information contained in the inventory or supplemental inventory as to the value of assets listed therein is sufficient, the Court shall appoint
- Rule 112
- Rule 113. Application to Sell Real Estate of a Person with a Disability
- Rule 114. Timing of Accountings
- Rule 115. Interested Party may Require Accounting Upon petition of any party interested in the guardianship or the trust, the court may require a guardian of the property or trustee, whenever or however appoint
- Rule 116. Requirements for Fiduciary Accountings
- Rule 117. [Omitted] History
- Rule 118. Additional Requirements Upon Filing Account Each account shall state the name and post office address of the person with a disability, the next of kin of the person
- Rule 119. Notice to Beneficiaries Upon Filing of an Account Upon the filing of an account with the information required in Rule 118, except with respect to persons who have filed
- Rule 120. Duties of Register as to Accounts Filed As to each account filed with the Court, the Register in Chancery shall examine the same, compare it with the vouchers, if any, check the calculations and certi
- Rule 121. Objection by Person not Notified of Filing of an Account Any person entitled to notice of the filing of an account under Rule 119 whose name or address was not included in
- Rule 122. When Account to be Presented to Court for Approval A guardian of the property or trustee shall not present an account to the Court for approval until after the expiration
- Rule 123. Exceptions to an Account Exceptions to the account of a guardian of the property or trustee shall be in writing and shall be filed in the office of the Register in Chancery. Upon the filing of such
- Rule 124. Procedure on Hearing Exceptions to Account At the hearing on exceptions the exceptant shall be heard first, then the guardian of the property or trustee filing the
- Rule 125. Testimony on Hearing Exceptions to Account At a hearing on exceptions to an account of a guardian of the property or trustee, testimony shall be taken as in
- Rule 126. Guardian or Trustee may be Examined Every guardian or trustee may be examined on oath before the Court upon any matters relative to the account
- Rule 127. Account may be Referred to Magistrate in Chancery; Procedure The Court may refer to a Magistrate in Chancery an account rendered by a guardian of the property or trustee
- Rule 128. Procedure by Court on Magistrate in Chancery’s Report as to Account Upon receiving a Magistrate in Chancery’s report the Court may conduct such further proceedings to adjudicate
- Rule 129. Effect of Court Approval of Account The approval by the Court of an account shall not be res judicata with respect to any matters stated in the account or with respect to the liability of the guardian
- Rule 130
- Rule 131. Fee-for-Service Guardians
- Rule 132. Fiduciary Commissions As used in this rule the terms “trustee” or “trustees” mean testamentary trustees, trustees for mentally ill persons, trustees by appointment of the Court, and other trustees,
- Rule 132A. Fiduciary Compensation for Individual Guardians This rule shall apply to compensation for individual guardians of the person and/or property in adult
- Rule 133. Appointment and Duties of Successor Guardian or Trustee When a new guardian of the property or trustee is appointed by the Court, then as soon as the new guardian
- Rule 134. Foreign Trusts When a trust is created in a foreign jurisdiction and there is in this State real or personal property subject to the trust so created, the trustee (all references to “trustee” include
- Rule 134.1. Business Trusts The provision of Part XIII of these Rules dealing with trusts and trustees shall not apply to a business trust
- Rule 135. Appointment; Removal The Court shall have authority in any cause pending in the Court of Chancery of this State to appoint a Magistrate in Chancery pro hac vice in such particular cause
- Rule 136. Duties and Powers The Magistrate in Chancery shall regulate all the proceedings in every hearing before the Magistrate in Chancery upon every order of reference. The Magistrate in
- Rule 137. Witnesses; Documents Witnesses may be summoned to appear before the Magistrate in Chancery by subpoena in the usual form, which shall be issued by the Register in Chancery
- Rule 138. Proceedings to be Transcribed All proceedings before the Magistrate in Chancery shall be transcribed by a stenographer selected by the Magistrate in Chancery except in proceedings not involving the
- Rule 139. Objections to Testimony; Hearing Thereon The Magistrate in Chancery shall have full power to pass upon all questions of competency of witnesses and admissibility of testimony, and shall note the rulin
- Rule 140. Persons Who May be Examined; Burden of Proof on Exceptions to Claim The Magistrate in Chancery shall be at liberty to examine any party, or any creditor, or other person making claims
- Rule 141. Time for Taking Testimony Where the order of reference specifies the time to begin taking testimony before the Magistrate in Chancery, and also the time for closing proofs, the Magistrate in Chancery
- Rule 142. Limiting Time for Taking Testimony The Magistrate in Chancery may fix a day within which any party shall close its proofs, which time the Magistrate in Chancery may for good cause shown extend for suc
- Rule 143. Standing Magistrates in Chancery The Chancellor may designate an attorney admitted to practice by the Delaware Supreme Court as a Magistrate in Chancery. A Magistrate in Chancery serves at the
- Rule 144. Magistrate in Chancery Reports
- Rule 145. Inspection of Documents Where, by any decree or order of the Court, or subpoena issued by the Register in Chancery, books, papers, or writings are directed to be produced before the Magistrate
- Rule 146. Receivership Claims Filed with Register When a Magistrate in Chancery is appointed to pass upon the validity, lawful order and priority of claims of creditors in a receivership cause, such claims shal
- Rule 147. Accounts; Filing of Exceptions and Examining Parties When an account is referred to a Magistrate in Chancery all exceptions thereto must be filed with the Magistrate in
- Rule 148. Applicable Rules Rules 149 to 168 shall apply to all cases in which receivers are appointed for any person, partnership, association or corporation, existing or dissolved, and in all cases in which
- Rule 149. Appointment on Verified Complaint; Receiver Pendente Lite Every complaint filed for the appointment of a receiver for a corporation shall be verified. A receiver pendente lite may
- Rule 150. Nonresident No person shall be appointed sole receiver who does not at the time of appointment reside in the State of Delaware
- Rule 151. Duties After Appointment Every receiver unless otherwise ordered by the Court shall, within 30 days from the time of the receiver’s appointment and qualification, file with the Register in Chancery:
- Rule 152. Depository for Receivership Money The receiver shall deposit in a banking institution in the State of Delaware in a special account in the receiver’s name all moneys of the corporation that may come i
- Rule 153. Receiver to Notify Creditors Unless otherwise ordered by the Court, within 15 days after the filing of a list of the creditors of the company, the receiver appointed pursuant to Rule 149 shall give to
- Rule 154. Contents of Creditors’ Claims Within 60 days after notices are mailed to creditors, or such further time as the Court for good cause shown may allow, all claims of creditors shall be filed in the offi
- Rule 155. When Creditor may Withdraw Original Instrument
- Rule 156. Exceptions to Creditors’ Claims Exceptions to claims shall be filed in the office of the Register in Chancery and shall be served on the person to whose claim exception is taken, by the receiver, or b
- Rule 157. Testimony at Hearing on Exceptions At the hearing of exceptions to claims and to accounts, the testimony of witnesses shall be taken in the same manner as is provided for in other causes pending in th
- Rule 158. Sale of Assets; Notice to Creditors and Stockholders Unless otherwise ordered by the Court, notice of all sales to be made by the receiver shall be sent by the receiver by
- Rule 159. Rights of Lienholder Upon Purchase of Asset Whenever the person holding a lien for money due from the corporation on property sold by a receiver, or on a
- Rule 160. Requiring Corporate Officer or Agent to Make Disclosure Upon the application of the receiver or any creditor or stockholder of the corporation, the Court may require any
- Rule 161. Duty to File Reports Every receiver shall within 3 months of being appointed submit to the Court a full report of the receiver’s proceedings and the state of the affairs of the company, and
- Rule 162. Contents of Accounts; Duty of Register Accounts rendered by receivers shall be for a period therein stated, and show in detail (1) all moneys received, when, from whom or from what source; (2) gains o
- Rule 163. Register: Duty When Receiver in Default When the receiver shall fail to make or file reports, returns or accounts at the time when they shall be due, the Register shall report the same to the Court, a
- Rule 164. Petition for Allowances A receiver desiring compensation for services and allowances for expenses and services of the receiver’s attorney shall file with the account a petition for such
- Rule 165. Notice of Filing of Account or Petition for Allowances Upon the filing of an account by a receiver or a petition of a receiver or an attorney for a receiver for compensation
- Rule 166. Exceptions to Account or Petition of Allowances; Register’s Duty Exceptions to an account or to a petition for allowances filed by a receiver, or an attorney for a receiver, shall be
- Rule 167. Final Account; Allowances; Distribution Upon settling the final account with the receiver, the Court may make final allowances to the receiver for the receiver’s services and expenses and for the serv
- Rule 168. Discharge When a receiver shall have made a final distribution of the property and effects of the company and duly reported the same, and shall have complied with all orders and decrees
- Rule 169. Canons of Judicial Ethics
- Rule 170. Attorneys
- Rule 171. Briefs Repealed. Content transferred to Rules 7 and 10
- Rule 171A. CD-ROM Briefs
- Rule 172. Sureties
- Rule 173. Application for Argument or Trial; Procedure; Emergency Applications
- Rule 174. Mediation
- Rule 174.1. Mandatory Mediation for Adult Guardianship Matters and Probate Disputes Repealed
- Rule 175. Petition for Appointment of Guardian for Adult with an Alleged Disability
- Rule 175-A. Petition to Determine Capacity
- Rule 175-B. Petition to Enjoin or Require Healthcare Decision-Making
- Rule 176. Attorney Ad Litem; Court Representative
- Rule 177. Hearings; Notice; Proof of Service
- Rule 178. Petition to Exercise Powers Not Granted by Subchapter II of Chapter 39 of Title 12 of the Delaware Code or by the Court
- Rule 178A. Petition for Order Permitting Action Contrary to Advance Health-Care Directive Under 16 Del. C. § 2522(a)
- Rule 178B. Unsworn Declarations in Civil Miscellaneous Matters A person may use an Unsworn Declaration under Penalty of Perjury under 10 Del. C. § 3927 for pleadings and papers
- Rule 179. Property Subject of Specific Devise or Bequest Where guardianship property which is the subject of a specific devise or bequest is sold or pledged, the devise or
- Rule 180. Guardian of Property of a Minor
- Rule 180-A. Involuntary Sterilization Proceedings [Omitted] History
- Rule 180-B. Powers and Duties of Guardian
- Rule 180-C. Termination of Guardianship
- Rule 180-D. Guardianship Monitoring Program of the Office of the Public Guardian
- Rule 181. Hearing on Application for Temporary Relief in Separate Maintenance Cases In separate maintenance cases applications for interim or temporary relief will be heard by the Court on affidavits or
- Rule 182. Sale of Land to Pay Debts; Debts of a Decedent
- Rule 183. Partition
- Rule 184. Appeals from Registers of Wills and Exceptions to Accounts
- Rule 185. Complaint for Involuntary Sterilization In any action filed pursuant to Chapter 57 of Title 16 of the Delaware Code, the petition shall be accompanied by an undertaking by the petitioner to pay the re
- Rule 185.1. Complaint for Involuntary Sterilization Transferred
- Rule 186. Receiver for Minor A petition for the appointment of a receiver for a minor and the proceedings thereon shall conform to the Rules of this Court to the extent applicable and to the requirements of
- Rule 186.1. Appointment of Guardian Ad Litem in Trust Matters
- Rule 187. Effective Date Rules 187 through 202 apply to all proceedings concerning estates of persons dying on or after December 25, 1974, and not to any proceedings concerning estates of persons dying
- Rule 188. Representation and Admittance
- Rule 189. Filing Petition Prior to Proof of Will No petition for Letters Testamentary or Letters of Administration with Will Annexed shall be filed with the Register of Wills until the will has been proved
- Rule 190. Appearance of Personal Representative not Required
- Rule 191. Presentation of Claims Against an Estate to the Register of Wills A person having a claim against an estate who wants to file such claim with the Register of Wills pursuant to 12 Del. C
- Rule 192. Commissions and Fees
- Rule 193. Prohibited Compensation No person employed in the Office of a Register of Wills shall receive any fee or other compensation for any individual or personal service rendered in connection with the
- Rule 194. Accounting Filed with Register of Wills; Notice to Beneficiaries; Waiver and Consent; Duties of Register with Respect to Accounting
- Rule 195. When Accounting to be Presented to Court for Approval
- Rule 196. Effect of Court Approval of Account The approval by the Court of an account shall not operate to relieve the personal representative from any liability for any loss of, or injury to, the probate estat
- Rule 197. Exceptions to an Inventory or Accounting
- Rule 198. Procedure on Hearing of Exceptions At the hearing of exceptions the personal representative shall be first heard upon the exceptions taken; then the exceptant shall be heard; and the personal represen
- Rule 199. Inventory and Account may be Referred to Magistrate in Chancery: Procedure An inventory and account rendered by a personal representative may be referred by the Court to a
- Rule 200. Procedure by Court on Magistrate in Chancery’s Report Upon receiving a Magistrate in Chancery’s report the Court may take such further proceedings to adjudicate the
- Rule 201. Personal Representative may be Examined Every personal representative may be examined on oath before the Court or before a Magistrate in Chancery to
- Rule 202. Testimony on Hearing of Exceptions At a hearing on exceptions testimony shall be taken as in other causes and shall be heard by the Court or by a Magistrate in Chancery
- Rule 203. Sureties
- Rule 204. Court Costs The Register of Wills shall make charges as provided by 12 Del. C. § 2510. Charges for matters not covered by statute shall be fixed by court order
- Rule 205. Probate Procedure Not Specified In any instance where the probate procedure is not specifically prescribed by statute or a probate procedure rule, the procedure shall conform to the general practice i
- Rule 206. Petition for Adjudication of Presumed Death Petitions for the adjudication of presumed death pursuant to 12 Del. C. § 1702 shall be filed with the Register in
- Rule 207. Petitions Regarding Estates and Trusts Petitions for an elective share pursuant to 12 Del. C. Ch. 9, petitions for a decree of distribution pursuant to 12 Del. C
Del. R. Evid. — 83 rules
- Rule 101. Scope; Definitions
- Rule 102. Purpose and Construction
- Rule 103. Rulings on Evidence
- Rule 104. Preliminary Questions
- Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
- Rule 106. Remainder of or Related Writings or Recorded Statements
- Rule 201. Judicial Notice of Adjudicative Facts
- Rule 202. Judicial Notice of Law
- Rule 301. Presumptions in Civil Cases Generally
- Rule 302. Applicability of State Law in Civil Actions and Proceedings
- Rule 303. Effect of Presumptions in Criminal Cases
- Rule 304. Res ipsa loquitur
- Rule 401. Test for Relevant Evidence
- Rule 402. General Admissibility of Relevant Evidence
- Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
- Rule 404. Character Evidence; Crimes or Other Acts
- Rule 405. Methods of Proving Character
- Rule 406. Habit; Routine Practice
- Rule 407. Subsequent Remedial Measures
- Rule 408. Compromise Offers and Negotiations
- Rule 409. Offers to Pay Medical and Similar Expenses
- Rule 410. Pleas, Plea Discussions, and Related Statements
- Rule 411. Liability Insurance
- Rule 412. Rape Cases; Relevance of Victim’s Past Behavior [Omitted]
- Rule 413. Evidence of Similar Crimes in Sexual Assault Cases [Omitted]
- Rule 414. Evidence of Similar Crimes in Child Molestation Cases [Omitted]
- Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation [Omitted]
- Rule 501. Privileges Recognized Only as Provided
- Rule 502. Lawyer-Client Privilege
- Rule 503. Mental Health Provider, Physician, and Psychotherapist- Patient Privilege
- Rule 504. Spousal Privilege
- Rule 505. Religious Privilege
- Rule 506. Political Vote
- Rule 507. Trade Secrets
- Rule 508. Secrets of State and Other Official Information; Governmental Privileges
- Rule 509. Identity of Informer
- Rule 510. Waiver of privilege or work product; limitations on waiver
- Rule 511. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
- Rule 512. Comment Upon or Inference from Claim of Privilege; Instruction
- Rule 513. Reporter’s Privilege
- Rule 601. Competency to Testify in General
- Rule 602. Need for Personal Knowledge
- Rule 603. Oath or Affirmation to Testify Truthfully
- Rule 604. Interpreter
- Rule 605. Judge’s Competency as a Witness
- Rule 606. Juror’s Competency as a Witness
- Rule 607. Who May Impeach a Witness
- Rule 608. A Witness’s Character for Truthfulness or Untruthfulness
- Rule 609. Impeachment by Evidence of a Criminal Conviction
- Rule 610. Religious Beliefs or Opinions
- Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence
- Rule 612. Writing or Object Used To Refresh a Witness’s Memory
- Rule 613. Witness’s Prior Statement
- Rule 614. Court’s Calling or Examining a Witness
- Rule 615. Excluding Witnesses
- Rule 616. Bias of a Witness A witness’s credibility may be attacked with evidence of the witness’s bias, prejudice or interest for or against any party to the case
- Rule 701. Opinion Testimony by Lay Witnesses
- Rule 702. Testimony by Expert Witnesses
- Rule 703. Bases of an Expert’s Opinion Testimony
- Rule 704. Opinion on Ultimate Issue
- Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
- Rule 706. Court-Appointed Expert Witnesses
- Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
- Rule 802. The Rule Against Hearsay
- Rule 803. Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant Is Available as a Witness
- Rule 804. Exceptions to the Rule Against Hearsay- When the Declarant is Unavailable as a Witness
- Rule 805. Hearsay Within Hearsay
- Rule 806. Attacking and Supporting the Declarant’s Credibility
- Rule 807. Residual Exception
- Rule 901. Authenticating or Identifying Evidence
- Rule 902. Evidence That Is Self-Authenticating
- Rule 903. Subscribing Witness’s Testimony
- Rule 1001. Definitions That Apply to This Article
- Rule 1002. Requirement of Original
- Rule 1003. Admissibility of Duplicates
- Rule 1004. Admissibility of Other Evidence of Content
- Rule 1005. Copies of Public Records to Prove Content
- Rule 1006. Summaries to Prove Content
- Rule 1007. Testimony or Statement of a Party to Prove Content
- Rule 1008. Functions of Court and Jury
- Rule 1101. Applicability of Rules and Definitions
- Rule 1102. Title
- Rule 1103. Effective Date