DE · rules
Del. Ch. Ct. R. 177
Hearings; Notice; Proof of Service
(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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