Rule 8 – General Rules of Pleading

by | May 15, 2021 | Delaware, Family Law

(a) Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim or third-party claim shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief and (2) a demand...

Rule 7 – Pleadings Allowed; Motions

by | 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 6 – Time

by | May 15, 2021 | Delaware, Family Law

(a) Computation. In computing any period of time prescribed or allowed by these Rules, by order of Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of...

Rule 4 – Process

by | May 15, 2021 | Delaware, Family Law

(a) Issuance of summons. Subject to subsections (d)(6) and (7) of this Rule, upon the commencement of an action, the Clerk shall forthwith issue the summons and shall deliver it together with a copy of the petition for service to the sheriff of the county or counties...

Rule 3 – Commencement of Action

by | May 15, 2021 | Delaware, Family Law

(a) Petition. — An action is commenced by filing with the Clerk a petition or, if required by statute, a complaint or statement of claim, all hereafter to be referred to as a “petition”. The original plus one copy of the petition shall be filed...