Del. Super. Ct. R. Civ. P. 16.1 (2026)

Rule 16.1. Mandatory non-binding arbitration. (a) Actions subject to mandatory non-binding arbitration (“MNA”). Notwithstanding and in addition to the ADR provisions contained in Rule 16, all civil actions, except those actions listed in subsection (b) hereof, in which (1) trial is available; (2) monetary damages are sought; (3) any nonmonetary claims are nominal; and (4) counsel for claimant has made an election on the Civil Case Information Sheet for mandatory non-binding arbitration (hereinafter “MNA”), are subject to mandatory non-binding arbitration. The jurisdictional authority of the arbitrator for any case in which such election has been made shall be limited to fifty thousand dollars ($50,000), exclusive of costs and interest. (b) Civil actions not subject to MNA. The following civil actions shall not be referred to MNA but the parties may stipulate to a form of ADR: (1) An action involving a matter listed in Superior Court Civil Rules 23 and 81(a); (2) A replevin, declaratory judgment, foreign or domestic attachment, interpleader, summary proceedings, or mortgage foreclosure action; (3) Any in forma pauperis action where the claims are substantially non-monetary; or (4) An action to enforce a statutory penalty. (c) Definition — Arbitration. Arbitration is a process by which a qualified neutral individual (“arbitrator”) hears all sides of a controversy and renders a fair decision based on the evidence and the law. If the parties stipulate in writing, the decision shall be binding. (d) Filing requirements. Each plaintiff filing an action subject to MNA and each defendant filing a responsive pleading and/or motion shall simultaneously file the interrogatories and sworn statements required by Civil Rule 3(h) and 5(b), subject to the following conditions: (1) In an action in which counsel for plaintiff(s), or a plaintiff, if unrepresented, certifies to the Court that a potential defendant(s) cannot be ascertained at the time of the filing of the complaint, the case shall not be subject to MNA until ninety (90) days after the filing of all initial responsive pleadings, during which ninety (90) day period any party may conduct discovery limited to the identity of a potential defendant(s); (See Form 33.) (2) All parties alleging personal injuries must file a responsive and complete answer to Form 30 Interrogatory Number 7, if applicable, and all defendants must file a responsive and complete answer to Form 30 Interrogatory Number 6. Parties are under a continuing obligation to update these answers as additional information becomes known. (3) All parties alleging personal injuries shall provide to the defending party(s) a medical authorization which complies with HIPPA requirements within five (5) days of the filing of the Answer to the Complaint. Such parties shall also provide, upon request, such additional authorizations which are required to obtain records. The defendant shall notify all other parties of the receipt of all records and shall provide copies of all such records to the party who has alleged the personal injuries. The defendant shall also provide copies to all other parties upon request. All parties who receive copies of the records, except for the party(s) alleging the personal injuries, shall pay a pro-rated share of the costs incurred to obtain and reproduce the records. (4) The party alleging personal injuries shall, within five (5) days of the entry of appearance by the defendant, serve Defendant with all medical records and reports required by Superior Court Civil