Del. Ct. Com. Pl. Civ. R. 70

(a) Commencement of action. A plaintiff seeking to confirm an arbitration award on actions arising from a

contract to provide consumer credit shall file a complaint or application with the court within one year

after the award was rendered, unless within the time limits hereinafter imposed grounds for good cause

are shown. The plaintiff shall attach and file with the complaint a copy of the arbitration award.

(b) Service. The complaint shall be served in the manner provided for service of original process in a civil

action. If service of the complaint is not made upon the defendant, the plaintiff shall, within 120 days of

the return non est, file an alias or subsequent praecipe. If service is effected and a timely answer is not

filed, the plaintiff shall file a motion for default judgment within twenty (20) days of the date by which an

answer was due. Such motions shall be heard on the Court’s routine motion calendar. Failure of the

plaintiff to file a motion for default judgment shall result in dismissal, without prejudice, of the action

before the Court. If the plaintiff thereafter reinitiates the action and files an amended complaint which is

subsequently dismissed, the dismissal shall be with prejudice.

(c) Voluntary dismissal. Where a defendant files for bankruptcy during the pendency of the action, the

plaintiff shall file a motion for voluntary dismissal within twenty (20) days of receiving such notice.

Unless otherwise ordered by the Court, the voluntary dismissal shall be without prejudice. Failure of the

plaintiff to file the motion for voluntary dismissal shall result in the case being dismissed with prejudice.

If the obligation arising from the arbitration award is not discharged in bankruptcy, the action may be

reinitiated and court costs shall not be assessed.