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Rule 64.1 – Orders for hearing or rules to show cause

May 15, 2021 | Civil Procedure, Civil Procedure Superior Court, Delaware

(a) Except where a rule to show cause is required by statute, any matter of the type heretofore brought before the Court by rule to show cause shall be initiated by motion after a complaint or petition has been filed and may be presented ex parte with respect to any person who has not appeared in the case.

The order shall set forth the time of the hearing, the time for serving and filing notice of intention to appear at the hearing, and shall direct service of the motion and order upon the person named in the motion, and may require the filing of an answer or responsive pleading and/or personal attendance at the hearing.

A copy of the motion and order shall be served upon the person named in the order in the manner provided for service of summons. The order may, upon appropriate showing, provide for notice by publication.

(b) A rule to show cause may be issued only where required by statute. An order for a rule to show cause shall set forth the return date and time thereof, and shall require the respondent to answer or otherwise plead at or before the return date and time. The order shall also state whether or not a hearing upon the rule will be held at the return date and time and, if not, what action the Court contemplates will be taken.

Del. R. Civ. P. Super. Ct. 64.1