Del. Ch. Ct. R. 14 (2026)

Rule 14. Third-Party Practice (a) When a Defending Party May Bring in a Third Party. (1) Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 10 days after serving its original answer. (2) Third-Party Defendant’s Claims and Defenses. The person served with the summons and third-party complaint—the ‘‘third-party defendant’’: (A) must assert any defense against the third- party plaintiff’s claim under Rule 12; (B) must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third-party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g); (C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim; and (D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. (3) Plaintiff’s Claims Against a Third-Party Defendant. The plaintiff may assert against the third- party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The third-party defendant must then assert any defense under Rule 12 and any counterclaim under Rule 13(a), and may assert any counterclaim under Rule 13(b) or any crossclaim under Rule 13(g). (4) Motion to Strike, Sever, or Try Separately. Any party may move to strike the third-party claim, to sever it, or to try it separately.

(5) Third-Party Defendant’s Claim Against a Nonparty. A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it. (b) When a Plaintiff May Bring in a Third Party. When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so. History. Amended May 31, 2024, effective June 14, 2024.

Rule 15. Amended and Supplemental Pleadings (a) Amendments Before Trial. (1) Amendments as a Matter of Course. A party may amend the party’s pleading once as a matter of course: (A) at any time before a responsive pleading is served; or (B) if the pleading is one to which no responsive pleading is required and the action has not been set for trial, no later than 20 days after the pleading is served. (2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the Court’s leave. The Court should freely give leave when justice so requires. (3) Form of Amendments. A party must file an amended pleading with the Court, even if the Court has granted a motion for leave to file the amended pleading. A party filing an amended pleading must also file a document indicating plainly how the amendment differs from the pleading that it amends. (4) Effect of an Amended Pleading on Other Parties’ Claims. An amended pleading has no effect on another party’s counterclaims, crossclaims, or third-party claims, which are preserved and do not need to be re- filed.

(5) Time to Amend After Certain Motions and Consequence of Not Amending. (A) If a party wishes to amend the party’s complaint in response to a motion to dismiss under Rules 12(b)(6) or 23.1, the party must amend the party’s complaint—or seek leave to amend—either: (i) before the party’s response to the motion is due; or (ii) if the case has been transferred from another court, within 30 days after the transfer, even if the party responded to the motion in the other court. (B) If a party neither amends nor moves to amend by the time set forth in Rule 15(a)(5)(A), a dismissal under Rule 12(b)(6) or 23.1 will be with prejudice— but only as to the named party—unless the Court for good cause shown dismisses the complaint without prejudice. (6) Time to Respond to Amended Pleading. Unless the Court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 10 days after service of the amended pleading, whichever is later. (b) Amendments During and After Trial. (1) Based on an Objection at Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The Court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the Court that the evidence would prejudice that party’s action or defense on the merits. The Court may grant a continuance to enable the objecting party to meet the evidence. (2) For Issues Tried by Consent. When an issue not raised by the pleadings is tried with the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move—at any time, even after judgment—to amend the pleadings to conform to the evidence and to raise an unpled issue.

But failure to amend does not affect the result of the trial of that issue. (c) Relation Back of Amendments. An amendment to a pleading relates back to the date of the original pleading when: (1) the law that provides the applicable statute of limitations allows relation back; (2) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading; or (3) the amendment changes the party or the naming of the party against whom a claim is asserted, if