(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 the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this Rule, “legal holidays” shall be those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware.(b) Enlargement. When by these Rules or by a notice given thereunder or by order of Court an act is required or allowed to be done at or within a specified time, the Court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them. (c) For motions — Affidavits. — A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served in a timely manner. For cause shown, an order may be made on an ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), a response and/or opposing affidavits shall be served in accordance with Rule 7(b)(2) unless the Court permits them to be served at some other time.(d) Additional time after service by mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period unless the time period is prescribed by statute.
Del. Fam. Ct. R. Civ. P. 6
Amended July 18, 2018, effective December 1, 2018.
