DE · rules
Del. Super. Ct. Civ. R. 6
Time
(a) Computation. In computing any period of time prescribed or allowed by these Rules, by order of court,
or by statute, the day of the act, event or default after which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or
Sunday, or other legal holiday, or other day on which the office of the Prothonotary is closed, in which
event the period shall run until the end of the next day on which the office of the Prothonotary is open.
When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and
other legal holidays shall be excluded in the computation. As used in this rule, “legal holidays” shall be
those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware.
(b) Enlargement. When by these Rules or by a notice given thereunder or by order of court an act is
required or allowed to be done at or within a specified time, the Court for cause shown may at any time in
its discretion (1) with or without motion or notice order the period enlarged if request therefor is made
before the expiration of the period originally prescribed or as extended by a previous order or (2) upon
motion made after the expiration of the specified period permit the act to be done where the failure to act
was the result of excusable neglect; but it may not extend the time for taking any action under Rules
50(b), 52(b) [omitted], 59(b), (d) and (e), 60(b), except to the extent and under the conditions stated in
them.
(c) Unaffected by expiration of term. [Repealed.]
(d) For motions — Affidavits. A written motion, other than one which may be heard ex parte, and notice
of the hearing thereof shall be served not later than 2 days before the time specified for the hearing, unless
a different period is fixed by these Rules or by order of the Court. Such an order may for cause shown be
made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with
the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later
than 1 day before the hearing, unless the Court permits them to be served at some other time.
(e) Additional time after service by mail. Whenever a party has the right to or is required to do some act or
take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be
added to the prescribed period. The additional 3-day period applies only to actions taken by parties and
does not apply to actions taken by the Court.
History
Amended, effective May 11, 1950; Jan. 1, 1965; May 31, 1965; Oct. 15, 1980; Jan. 1, 1991; Sept. 4, 2014.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
e473dd13ca32eeb4cd485fd79f55b3d1d42566f2bb89fe3ccc4ffa1b19f9c97f
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.