Del. Super. Ct. Civ. R. 3

(a) Complaint and praecipe. Except amicable actions, an action is commenced by filing with the

Prothonotary a complaint or, if required by statute, a petition or statement of claim, all hereafter to be

referred to as a “complaint” and a praecipe directing the Prothonotary to issue the writ specified therein.

Sufficient copies of the complaint shall be filed so that one copy can be served on each defendant as

hereafter provided. An amicable action is commenced by filing an agreement specifying the matters

agreed upon. Every newly filed complaint shall be accompanied by a Case Information Statement (CIS).

The CIS form is used solely for administrative purposes and the information thereon has no legal effect

on the action. If any party objects to the Related Cases listed by another party in the CIS, the objecting

party shall separately file a written objection with the Prothonotary no later than ten days after the last

responsive pleading is filed. Any nonobjecting party may respond in writing within five days to any such

objection. The Prothonotary shall forward any objection to the Related Cases, along with any response

thereto, to the Civil Administrative Judge. The Civil Administrative Judge may, with prior approval of the

President Judge, reassign the case to a different judge.

(b) Actions pursuant to 10 Del. C. § 3901. In all actions upon bills, notes, bonds, or other instruments of

writing for the payment of money, or for the recovery of book accounts, on foreign judgments and in all

actions of scire facias on recognizances, judgments or mortgages, the plaintiff may make a specific

notation upon the face of the complaint requiring the defendant or defendants to answer any or all

allegations of the complaint by affidavit.

(c) Appeals de novo. When an appeal de novo is permitted by law, an action is commenced in the

Superior Court by the appellant filing with the Prothonotary a praecipe within the time prescribed by

statute for the filing of an appeal. If no time is prescribed by statute, the praecipe shall be filed within 15

days from the entry of the final judgment, order, or disposition from which an appeal is permitted by law.

When the appellant is the party having the duty of filing the complaint or other first pleading on appeal,

the appellant shall file such pleading with praecipe. When the appellee is the party having the duty of

filing the complaint or other first pleading on appeal, the appellee shall serve a copy of such pleading

within 20 days after service of the process on appeal, or if appellee has not been served, within 40 days

after the date of the process, and thereafter the pleadings shall proceed as in other actions.

(d) Record; stay. The appellant shall file a certified copy of the record of the proceedings below, not

including the evidence, within 10 days of the filing of the praecipe. Process shall not issue until the

appellant has filed the record. There shall be no stay of execution or other proceedings below unless

ordered by this court pursuant to Rule 62(c).

(e) Nonrefundable deposit for costs. The Prothonotary shall not file any paper or record or docket any

proceeding until a nonrefundable deposit for costs and fees has been made. Before any civil suit, action or

other proceeding is instituted in the Superior Court, the Prothonotary shall demand and receive the sum of

$200, as a deposit of guaranty for the payment of the fees and costs in the Prothonotary’s office, and the

Prothonotary shall apply the sum of $200 from time to time in payment of such fees and costs in that

office. If the amount of the deposit is not exhausted in payment of such fees and costs, any balance is not

refundable and shall be retained by the Prothonotary’s office at the end of the case. If the sum of $200 is

expended in the payment of the fees and costs in the Prothonotary’s office as the fees and costs accrue

from time to time, the Prothonotary shall demand and receive a sufficient amount, which shall be

necessary, in the Prothonotary’s judgment, to defray the fees and costs for additional service or services

before any such additional service or services shall be performed by the Prothonotary. This Rule shall not

apply to any suit, action or other proceeding which is exempted by law from the requirement of a deposit

for costs.

A nonrefundable deposit of not less than $750 shall be required in every case where a special jury is

requested.

Before any third-party complaint is filed, the Prothonotary shall demand, and receive, from the party who

filed it, the sum of $200 as a deposit of guaranty for the payment of the fees and costs in the

Prothonotary’s office arising out of the third-party complaint; and the Prothonotary shall apply the sum of

$200 from time to time in payment of such fees and costs in that office. If the amount of the deposit is not

exhausted in payment of such fees and costs, any balance is not refundable and shall be retained by the

Prothonotary’s office at the end of the case. If the sum of $200 is expended in the payment of such fees

and costs as they accrue from time to time, the Prothonotary shall demand and receive from the filing

party a sufficient amount which shall be necessary, in the Prothonotary’s judgment, to defray the fees and

costs for additional services with respect to the third-party complaint before any additional services shall

be performed by the Prothonotary.

(f) Security for costs. In every case in which the plaintiff is not at the time of filing the complaint a

resident of the State, or being so, afterwards moves from the State, an order for security for costs may be

entered upon motion after 5 days’ notice to the plaintiff; in default of such security as provided in the

order, the Court, on motion, may dismiss the complaint.

(g) Application for deposit. In any proceeding in this Court in which a party has deposited money as a

guarantee for the payment of fees and costs in the Prothonotary’s office, and it is thereafter finally

determined that such party is entitled to recover such costs, the Prothonotary shall, for 60 days from the

date of such determination, make demand for and make attempts to recover the costs from the party

against whom they have been assessed, unless the Court otherwise orders. If such costs are received, the

Prothonotary shall apply them to the extent necessary to pay any costs unpaid and remit the balance to the

party who made the deposit. If such costs are not received, the Prothonotary shall, at the end of said

period, notify the party who made the deposit that recovery has not been made, and, at the same time,

remit any balance to the depositing party. The failure or inability of the Prothonotary to collect costs from

the party against whom they have been assessed shall not constitute a waiver of the depositing party’s

right or the Prothonotary’s right in its own behalf to attempt to recover the costs by appropriate

proceedings.

(h) Required expedited discovery in personal injury litigation.

(1) In any action involving a claim for personal injuries, the plaintiff shall attach and file with the

complaint the following:

(I) Answers to interrogatories appearing in Superior Court Civil Rule Form 30;

(II) Photocopies of existing documentary evidence relating to special damages (or, in lieu thereof,

a brief sworn statement as to any item not included as to the reason of its nonavailability and a

specific undertaking as to when it will be made available);

(III) In any case in which lost wages or salary is claimed, photocopies of pertinent portions of the

income tax returns of the plaintiff or plaintiffs for the past 3 years either (a) as an exhibit to the

complaint, or (b) contained in a sealed envelope, or (c) a sworn statement that the copies of the

returns are in the plaintiff’s possession or have been applied for and a specific undertaking to

supply them forthwith and without further request when an appearance is made on behalf of the

defendant.

(2) If a counterclaim, cross-claim, or third-party complaint for personal injuries is filed, the claimant

shall be required to file with the claim that discovery which is required of a plaintiff in a claim for

personal injuries.

(3) The prerequisites of Rule 3(h)(1) and (2) may for good cause shown be waived by an order of the

Court.