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DE · rules

Del. Super. Ct. Civ. R. 6

Time

activein force · 2014-09-04 – presentact-effective-date

(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 [Repealed.]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
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