DE · rules
Del. Fam. Ct. Civ. R. 7
Pleadings allowed; motions
(a) Pleadings. There shall be a petition and an answer; a reply to a counterclaim denominated as
such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party
complaint, if a person who was not an original party is served under the provisions of Rule
14; and a third-party answer, if a third-party complaint is served. No other pleading shall be
allowed, except that the Court may order a reply to an answer or a third-party answer.
(b) Motions, affidavits, responses and other papers.
(1) An application to the Court for an order shall be by motion which, unless made during a
hearing or trial, shall be made in writing, shall state with particularity the grounds
therefor, and shall set forth the relief or order sought. The motion shall be accompanied
by a notice and a proposed form of order. Where a motion is based upon particular facts,
it should be supported by affidavit(s) or other material.
(2) If any part of a motion is opposed by any party, such party shall, within 10 days after
service of the motion, file a written response together with such affidavit(s) or other
material as that party may wish and a proposed form of order.
(3) While either party may request, in moving papers, oral argument of a motion or an
evidentiary hearing thereon, the Judge to whom the motion is presented may decide the
motion on the moving papers submitted to the Court without further notice to either party
unless the interests of justice required otherwise, or may enter an interim order based on
the moving papers subject to modification at a later hearing if requested.
(4) If the affidavits and other material submitted with the original moving papers do not
make out a prima facie case for the relief requested, the motion may be denied by the
Court. If no affidavits or other materials are filed in opposition to the motion within the
time allowed therefor, it may be granted by the Court.
(5) A motion or other paper shall contain a caption setting forth the name of this Court, the
caption of the case, the file number, the relevant petition number, the date of filing, and a
brief descriptive title indicating the purpose of the paper.
(6) Rule 107(c)(5) and Rule 107(f) shall apply to citations in motions and other papers.
(7) All motions shall be signed in accordance with Rule 11.
(c) Size of pleadings, motions and other papers. Pleadings, motions and other papers may be
typewritten or handwritten upon opaque, unglazed white paper, shall have papers not
exceeding 81/2 by 11 inches and shall be filed without backer. It is permissible for a motion
or other paper to include material printed, typed, or handwritten on one side or both sides of
the page, provided legibility is maintained. This requirement may be waived for filings made
pursuant to 13 Del. C., Chapter 6.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
cf61595ae6ac6d1d9c281db023234f81e4981ba19fe578030ad5db8dee1e48dc
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