Del. Super. Ct. R. Civ. P. 37 (2026)

Rule 37(d) of the Superior Court Civil Rules. (2) The motion shall be filed at least 10 days prior to the date noticed for presentation of the motion to the Court. The motion shall not exceed 4 pages of letter size paper (81/2″ x 11″) and shall contain all authorities and facts which the moving party desires to bring to the attention of the Court. (3) At least 4 days prior to the date noticed for presentation of the motion, if any other party to the action desires to oppose or take any position with respect to the motion, such party shall file a responsive pleading which shall not exceed 4 pages of letter size paper (81/2″ x 11″). The responsive pleading shall contain all authorities and facts which the responding party desires to present to the Court. Failure to file a responsive pleading shall constitute a waiver of any opposition to the motion. (4) There shall be no written reply to the responsive pleading to the motion. (5) There shall be no further briefing on any motion filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules, except upon order of the Court for good cause shown at oral argument.

(6) Oral argument on any motion filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules shall be limited to no more than a total of 15 minutes which time shall be divided equally. At the argument any party may apply for further briefing and the Court shall rule on the application at that time. (7) Whenever possible, the Court shall decide the motion at the oral argument. The Court hearing the oral argument may reserve decision or in the Court’s discretion may schedule such further proceedings as the Court shall deem necessary. (8) If the attorney for the moving party or an attorney for a party opposing the motion filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules shall fail to appear at the oral argument on said motion, the motion shall be summarily denied or granted as the case may be and an attorney’s fee in an amount not less than $100 shall be assessed against the nonappearing attorney. The sum shall be paid to the Prothonotary and the Prothonotary shall promptly forward it to the appearing party. The Prothonotary shall not accept further filings of any type in the action from the attorney who did not appear until the attorney’s fee is paid. (f) Failure to participate in the framing of a discovery plan. If a party or a party’s attorney fails to participate in good faith in the framing of a discovery plan by agreement as required by Rule 26(f), the Court may, after opportunity for hearing, require such party or attorney to pay to any other party the reasonable expenses, including attorney’s fees, caused by the failure. History. Amended, effective July 1, 1970; May 1, 1982; Mar. 1, 1983; July 1, 1984; Jan. 1, 1991; Jan. 1, 1995; Feb. 1, 2002; June 27, 2019, effective Aug. 1, 2019.

VI. Trials