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DE · rules

Del. Super. Ct. Civ. R. 10

Form of pleadings

activein force · 2013-05-01 – presentact-effective-date

(a) Caption: Names of parties. Every pleading shall contain a caption setting forth the name of the Court,

the title of the action, the file number, and a designation as in Rule 7(a). In the complaint the title of the

action shall include the names of all the parties, except as provided in subparagraph (e) of this Rule, but in

other pleadings it is sufficient to state the name of the first party on each side with an appropriate

indication of other parties.

(b) Paragraphs: Separate statements. All averments of claim or defense shall be made in numbered

paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single

set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each

claim founded upon a separate transaction or occurrence and each defense other than denials shall be

stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters

set forth.

(c) Adoption by reference: Exhibits. Statements in a pleading may be adopted by reference in a different

part of the same pleading or in another pleading or in any motion. A copy of any written instrument which

is an exhibit to a pleading is a part thereof for all purposes.

(d) Form of papers. Pleadings or other papers to be filed shall be plainly written or printed and backed,

and, if materially defaced by erasures or interlineations, shall not be received by the Prothonotary without

a Judge’s order.

(e) No complaint may be filed under a pseudonym without prior Court approval or unless accompanied by

a motion seeking approval. A petition or motion seeking approval to proceed by pseudonym must be

accompanied by an affidavit stating specific facts explaining why anonymity of the party is necessary and

facts sufficient to overcome the presumption of public access to the identities of litigants. Such petition

or motion may be filed under seal.

History

Amended, effective Jan. 1, 1955; July 1, 1970; May 1, 2013.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
3b768f97c70f9b721c56e91b8d9b4668d8f60ef755e420c1c60976601c10a164
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