Rule 87 – Assignment of Causes to Family Court from Superior Court or the Court of Chancery

May 15, 2021 | Delaware, Family Law

(a) Certificate; contents. The assignment or transfer of causes and matters by the Superior Court or the Court of Chancery to the Family Court, under the respective statutes, shall be by certificate of one or more Judges of the Superior Court or the Chancellor or one of the Vice Chancellors. The certificate shall set forth the names of the parties, the nature of the cause or matter, and the issue or issues to be ultimately determined, and shall specify what matters and issues are to be heard, tried, and determined by this Court. The certificate shall also direct the Prothonotary or the Register in Chancery forthwith to deliver to the Clerk of the Family Court the certificate, together with such of the original pleadings and exhibits, or true and correct copies thereof, as the Superior Court or Court of Chancery shall direct.

(b) Report. The report or certificate of the Family Court shall be in triplicate and shall be signed by a judge thereof, shall set forth the decision or determination made, and shall be filed with the Prothonotary or Register in Chancery. Any original pleadings or exhibits shall be returned by the Family Court. The Prothonotary or Register in Chancery shall forthwith deliver a copy of the certificate or report to counsel for each party.

(c) Retention of jurisdiction. In the event a case is transferred, this Court shall retain its jurisdiction over any person for the purpose of disposition as if the case had been originally filed herein, unless the transferring court otherwise directs.

Del. Fam. Ct. R. Civ. P. 87