DE · rules

Del. Fam. Ct. Civ. R. 79.1

Electronic filing

activein force · 2013-03-18 – presentact-effective-date

(a) The electronic filing of documents in the Family Court of the State of Delaware shall be

referred to as “eFile” or “eFiling.” Electronic filing is the process of uploading a document

from a user’s computer, or the Court’s public access computers, utilizing the Court’s Internet

and browser based Case Management and Electronic Case Filing system, known as “e-Flex”

or any subsequent system adopted by the Court, to file the document in the Court’s case file.

E-Flex accepts documents only in common portable document format (PDF) readable by free

PDF document readers. Any rules of this Court addressing e-Filing shall be known as the

Court e-Filing Rules.

(b) Any civil matter may be initiated by e-Filing in compliance with the Rules of the Court. All

civil matters and subsequent documents filed by any attorney in a matter initiated by e-Filing

shall be e-Filed. When the Chief Judge determines that it is appropriate for any civil case, or

category of cases, to follow the procedures for e-Filing, the Chief Judge shall designate it as

an e-File case or category of cases.

(d) Paper documents presented to the Court by pro se litigants in e-Filed initiated cases shall be

scanned and converted to PDF format and e-Filed by the Clerk of the Court. The e-Filed

version of the document shall constitute the original and shall be the filed document in the

matter, and the paper version of the document shall be destroyed.

(e) No Delaware lawyer shall authorize anyone to e-File on that lawyer’s behalf, other than an

employee of his/her law firm or service provider retained to assist in e-Filing.

(f) No person shall utilize, or allow another person to utilize the password of another in

connection with any e-Filing.

(g) The e-Filing of a document by a lawyer, or by another under the authorization of a lawyer,

shall constitute a signature of that lawyer under Family Court Civil Rule 11.

(h) All e-Filing must be signed by a member of the Delaware Bar or party not represented by an

attorney in accordance with this Rule.

(i) Unless otherwise ordered, the electronic service of a document, in accordance with the e-Filing Rules shall be considered service under Family Court Civil Rule 5. Service by

electronic means shall be treated in the same manner as service by mail for the purpose of

adding 3 days to the prescribed period to respond, as set forth in Family Court Civil Rule

6(d).

(j) The rules governing and pertaining to artificial entities shall apply to this rule.

(k) A technology surcharge shall be assessed in each e-File case for the purpose of a fund to

operate the e-Filing system. This technology fee is not imposed on filings by the state

agencies or by indigent parties or their counsel. The Court shall expend the funds solely for

the purpose of operating and maintaining the Court’s case management and e-File system.

History

Added, effective June 3, 2009; amended, effective May 16, 2011; effective Mar. 18, 2013.

Provenance

Source: courts.delaware.gov
Retrieved: 2026-09-23
Edition: 2026-09-23
Content hash: f95395b358775e9c3fe1dc13008fff3d58ae231f8a69d2bd83c669b73ee1edfa

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