by admin | May 15, 2021 | Civil Procedure, Civil Procedure common pleas, Delaware
The procedure for obtaining a declaratory judgment pursuant to the statutes of this State shall be in accordance with these Rules. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The Court...
by admin | May 15, 2021 | Civil Procedure, Civil Procedure common pleas, Delaware
(a) For claimant. A party seeking to recover upon a claim, counterclaim or crossclaim may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment and at any time prior to the marking of the...
by admin | May 15, 2021 | Civil Procedure, Civil Procedure Superior Court, Delaware
(a) Assignment of judges. The President Judge of the Superior Court is designated Assignment Judge for the Superior Court with authority to assign and designate the several judges who shall hold said courts or either of them in the several counties of the State for...
by admin | May 15, 2021 | Civil Procedure, Civil Procedure common pleas, Delaware
(a) Omitted. (b) Judgment. Except as otherwise provided in paragraphs (bb1) and (bb2) of this rule, when a party against whom a judgment for affirmative relief is sought, has failed to appear, plead or otherwise defend as provided by these Rules, and that fact is made...
by admin | May 15, 2021 | Civil Procedure, Civil Procedure Superior Court, Delaware
(a) By jury of 12. When trial by a jury of 12 persons has been demanded as provided in Rule 38, the action shall be designated upon the docket as a jury action (12) . The trial of all issues demanded for trial by jury by any party shall then be by a jury of 12...
by admin | May 15, 2021 | Civil Procedure, Civil Procedure Superior Court, Delaware
(a) Right preserved. The right to trial by jury shall be as heretofore.(b) Demand. Any party may demand a trial by jury of an issued triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the...
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