Rule 7 – Pleadings Allowed; Motions

May 15, 2021 | Delaware, Family Law

(a) Pleadings.There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is served under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the Court may order a reply to an answer or a third-party answer.

(b) Motions, affidavits, responses and other papers.

(1) An application to the Court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The motion shall be accompanied by a notice and a proposed form of order. Where a motion is based upon particular facts, it should be supported by affidavit(s) or other material.

(2) If any part of a motion is opposed by any party, such party shall, within 10 days after service of the motion, file a written response together with such affidavit(s) or other material as that party may wish and a proposed form of order.

(3) While either party may request, in moving papers, oral argument of a motion or an evidentiary hearing thereon, the Judge to whom the motion is presented may decide the motion on the moving papers submitted to the Court without further notice to either party unless the interests of justice required otherwise, or may enter an interim order based on the moving papers subject to modification at a later hearing if requested.

(4) If the affidavits and other material submitted with the original moving papers do not make out a prima facie case for the relief requested, the motion may be denied by the Court. If no affidavits or other materials are filed in opposition to the motion within the time allowed therefor, it may be granted by the Court.

(5) A motion or other paper shall contain a caption setting forth the name of this Court, the caption of the case, the file number, the relevant petition number, the date of filing, and a brief descriptive title indicating the purpose of the paper.

(6) Rule 107(c)(5) and Rule 107(f) shall apply to citations in motions and other papers.

(7) All motions shall be signed in accordance with Rule 11.

(c) Size of pleadings, motions and other papers. Pleadings, motions and other papers may be typewritten or handwritten upon opaque, unglazed white paper, shall have papers not exceeding 81/2 by 11 inches and shall be filed without backer. It is permissible for a motion or other paper to include material printed, typed, or handwritten on one side or both sides of the page, provided legibility is maintained. This requirement may be waived for filings made pursuant to 13 Del. C., Chapter 6.

Del. Fam. Ct. R. Civ. P. 7