Del. Super. Ct. Civ. R. 126

(a) Answer. A defendant shall serve an answer together with any compulsory counterclaims within thirty

days after service of the complaint.

(b) Counterclaims, cross-claims and third-party claims. A plaintiff shall serve a reply to any counterclaim

within twenty days after service of the counterclaim. Any answer or reply to a counterclaim shall be

accompanied by a list of persons consulted, or relied upon, in connection with preparation of the answer

or reply. Cross-claims, permissive counterclaims and third-party claims are not permitted absent

agreement of all parties. Cross-claims, counterclaims and third-party claims, if any, are subject to the

provisions of Rules 124 through 131.

(c) Motions to dismiss. A party may, in lieu of an answer, respond to a complaint or counterclaim by

moving to dismiss. A motion to dismiss and accompanying brief must be served within thirty days after

service of the complaint upon the defendant. A motion to dismiss a counterclaim and accompanying brief

must be served within twenty days after service of the counterclaim. An answering brief in opposition to a

motion to dismiss is due within fifteen days after service of the motion and accompanying brief. A reply

brief in support of the motion to dismiss is due within ten days after service of the answering brief. The

opening and answering briefs shall be limited to twenty-five pages, and the reply brief shall be limited to

ten pages. Within thirty days after the filing of the final reply brief on all motions to dismiss, if no oral

argument occurs, or within thirty days of oral argument if oral argument occurs, the Court will either

render to the parties its decision on such motions or will provide to the parties an estimate of when such

decision will be rendered. Such additional time shall not normally exceed an additional thirty days unless

the assigned judge shall have filed a certification pursuant to Rule 130(d). If a motion to dismiss a claim

is denied, an answer to that claim shall be filed within ten days of such denial.