DE · rules
Del. Super. Ct. Civ. R. 64.1
Orders for hearing or rules to show cause
(a) Except where a rule to show cause is required by statute, any matter of the type heretofore brought
before the Court by rule to show cause shall be initiated by motion after a complaint or petition has been
filed and may be presented ex parte with respect to any person who has not appeared in the case.
The order shall set forth the time of the hearing, the time for serving and filing notice of intention to
appear at the hearing, and shall direct service of the motion and order upon the person named in the
motion, and may require the filing of an answer or responsive pleading and/or personal attendance at the
hearing.
A copy of the motion and order shall be served upon the person named in the order in the manner
provided for service of summons. The order may, upon appropriate showing, provide for notice by
publication.
(b) A rule to show cause may be issued only where required by statute. An order for a rule to show cause
shall set forth the return date and time thereof, and shall require the respondent to answer or otherwise
plead at or before the return date and time. The order shall also state whether or not a hearing upon the
rule will be held at the return date and time and, if not, what action the Court contemplates will be taken.
History
Added, effective Feb. 28, 1963; amended, effective Apr. 15, 1978.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
c33127e2962813dd6a2a8b09019ba527530375c930500959e8e0106c7f1d5a76
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