Del. Fam. Ct. Civ. R. 3

(a) Petition. An action is commenced by filing with the Clerk a petition or, if required by statute,

a complaint or statement of claim, all hereafter to be referred to as a “petition”. The original

plus one copy of the petition shall be filed unless specific rule requires filing of additional

copies. Every newly filed petition shall be accompanied by an Information Sheet in the form

adopted by the Court and containing information that the Court shall determine is necessary

and appropriate.

(b) Verification. Unless a specific statute or rule allows for an unsworn declaration made under

penalty of perjury, every pleading which is required to be verified by statute or by these

Rules shall be under oath or affirmation by the party filing such pleading that the matter

contained therein insofar as it concerns the pleader’s act and deed is true, and so far as it

relates to the act and deed of any other person, is believed by the pleader to be true.

(c) Deposit of fees and costs. Except as provided in Civil Rule 112 the Clerk shall not accept for

filing any petition until all required fees and costs have been paid. Before any proceeding is

instituted in the Family Court, the Clerk shall demand and receive a non-refundable filing fee

as set forth in a Schedule of Assessed Costs. Where any statute, Rule or order requires

publication of any notice, summons or order, a payment of the assessed cost thereof shall be

required. The Director of Fiscal Services shall maintain and publish a Schedule of Assessed

Costs, which shall apply and be computed by the Clerk of the Court. All fees and costs

collected by the Clerk shall be held until final disposition or until such time as a good and

proper claim against such fees and costs is presented to the Court by such vendors as those

engaged by the Court to publish notices and serve process.

At the time of final disposition and order, fees and costs will be assessed against the petitioner

unless the Judge or Commissioner waives all or part of the fees and costs and assesses them

wholly or in part against the respondent or in some other manner.

(d) Unnecessary costs. If at any time during the progress of an action it appears to the Court that

the amount claimed is exorbitant or the position taken is unreasonable so that the opposite

party is put to unnecessary expense in giving bond, or if any party unnecessarily swells the

record or otherwise causes unnecessary expense, the Court may, in its discretion, order such

unnecessary expense to be taxed against the party causing the same, without regard for the

outcome of the action.

(e) Application of deposit. [Deleted].