Del. Ct. Com. Pl. Civ. R. 3

(a) Complaint and praecipe. Except amicable actions, an action is commenced by filing with the Clerk of

the Court a complaint or, if required by statute, a petition or statement of claim, all hereafter to be referred

to as a “complaint” and a praecipe directing the Clerk of the Court to issue the writ specified therein.

Sufficient copies of the complaint shall be filed so that 1 copy can be served on each defendant as

hereafter provided. An amicable action is commenced by filing an agreement specifying the matters

agreed upon.

(b) Omitted.

(c) Omitted. [See Rule 72.3]

(d) Omitted. [See Rule 72.3]

(e) Deposit for costs. The Clerk of the Court shall not file any paper or record or docket any proceeding

until the required deposit for costs and fees has been made. Concurrently with the commencement of any

civil action, the plaintiff shall pay to the Clerk the filing fee required by Rule 109 together with such

additional sum as shall be required by the Sheriff of the county to which service of process is directed.

Concurrently with any request for jury trial, the party making such request shall deposit with the Clerk of

the Court the amount necessary for the commencement of the action in Superior Court.

(f) Security for costs. In every case in which the plaintiff is not at the time of filing his complaint a

resident of the State, or being so, afterwards moves from the State, an order for security for costs may be

entered upon motion after 5 days notice to the plaintiff; in default of such security as provided in the

order, the Court, on motion may dismiss the complaint.

(g) Omitted.

(h) Required expedited discovery in personal injury litigation.

(1) In any action involving a claim for personal injuries, the plaintiff shall attach and file with the

complaint the following:

(I) Answers to interrogatories appearing in Superior Court Civil Rule Form 30;

(II) Photocopies of existing documentary evidence relating to special damages (or, in lieu thereof,

a brief sworn statement as to any item not included as to the reason of its nonavailability and a

specific undertaking as to when it will be made available);

(III) In any case in which lost wages or salary is claimed, photocopies of pertinent portions of the

income tax returns of the plaintiff or plaintiffs for the past 3 years either (a) as an exhibit to the

complaint, or (b) contained in a sealed envelope, or (c) a sworn statement that the copies of the

returns are in the plaintiff’s possession or have been applied for and a specific undertaking to

supply them forthwith and without further request when an appearance is made on behalf of the

defendant.

(2) If a counterclaim, cross-claim, or third-party complaint for personal injuries is filed, the claimant

shall be required to file with the claim that discovery which is required of a plaintiff in a claim for

personal injuries.

(3) The prerequisites of Rule 3(h)(1) and (2) may for good cause shown be waived by an order of the

Court.