Del. C. » Title 10 — Organization, Powers, Jurisdiction and Operation of Courts · CHAPTER 1. Supreme Court · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 161 (2026)

Rules of Court and special orders

✓ current as of May 2026
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(a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular and special sessions, fix the time of and otherwise regulate the return of process issued out of the Court, fix the fees which shall be paid and the costs which shall be taxed in the Court, provide for the conduct of the business of the Court, and regulate the practice and procedure governing causes and proceedings in the Court.

(b) The Rules of the Supreme Court shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.

(c) The rules shall not abridge, enlarge or modify any substantive right of any party.

Code 1852, §  1912;  18 Del. Laws, c. 218, §  1;  21 Del. Laws, c. 116;  24 Del. Laws, c. 236;  25 Del. Laws, c. 227, §  1;  27 Del. Laws, c. 270, §  4;  Code 1915, §§  3684, 3688, 3707;  Code 1935, §§  4236, 4240, 4261;  43 Del. Laws, c. 222, §§  1, 2;  48 Del. Laws, c. 258, §  1;  10 Del. C. 1953, §  161; 
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1969–2021 · leading case: In Re a Member of the Bar of the Supreme Court, 257 A.2d 382 (Del. 1969).
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In Re a Member of the Bar of the Supreme Court, 257 A.2d 382 (Del. 1969). “See 10 Del.C. §§ 161, 1905, 1906. We regard these statutory enactments as nothing more than legislative recognition of the inherent powers of this Court.”
State v. McGuiness (Del. Super. Ct. 2021). “10 10 Del. C. § 161(a). Section 161 states (a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular…”
Kelly v. Disciplinary Couns. Patricia B. Swartz (D. Del. 2021). “See 10 Del. C. § 161; Del. Law. R. of Disciplinary Proc.”
— 10 Del. C. § 161(a) — 1 case
State v. McGuiness (Del. Super. Ct. 2021). “10 10 Del. C. § 161(a). Section 161 states (a) The Supreme Court may, from time to time, adopt and promulgate general rules, or where it deems it best for the advancement of justice may make special orders, which establish terms of the Court, provide for the holding of regular…”
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