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DE · rules

Del. Ch. Ct. R. 177

Hearings; Notice; Proof of Service

activein force · 2025-09-30 – presentact-effective-date

(a) Hearings. The Court may hold a hearing on any

petition for the appointment of a guardian for a person with

an alleged disability, to determine capacity, or to enjoin or

require healthcare decision-making.

(1) Personal Appearance. The Court may require that

the Person with an Alleged Disability, Subject Person,

or Principal appear at the hearing.

(2) When Evidence Is Required. At the hearing, the

Court may take evidence or, for cause, adjourn the

hearing. But if no one at the hearing objects to the relief

sought, then the Court may grant it without requiring

a further showing.

(3) Relief By Consent. But the Court may forgo a

hearing if all interested parties consent to the relief

sought, the petitioner has counsel, and the Court

determines that a hearing is unnecessary.

(b) Notice. Any party obtaining a hearing must give

notice of the date, time, place and purpose of the hearing

to:

(1) The other parties;

(2) any Delaware attorney who has represented the

Person with an Alleged Disability, Subject Person, or

Principal within the past two years; and

(3) all interested parties unless the Court determines

that notice to a particular interested party would harm

the person that is the subject of the proceeding.

(c) Means of Giving Notice. Notice must be given by

registered or certified mail, return receipt requested, or by

a courier service that provides real-time tracking of

delivery.

(d) Timing of Notice. Notice must be given at least 10

days before the hearing date, unless the Court orders

otherwise.

(e) Proof of Service and Notice. The party giving

notice must file proof that notice was timely served.

History

Amended Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
e9c161d3bf113d5fd710b242df53f3c490decc3dba6ced9aaf2e1ca9618e4abb
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