Delaware Family Court Rules of Civil Procedure

184 rules across 17 chapters · 149 active

The Delaware Family Court Rules of Civil Procedure govern divorce, custody, guardianship, child support, dependency and Protection from Abuse cases — every civil matter this court hears. The Family Court adopts them itself, and they are cited as “Fam. Ct. Civ. R.”. The first eleven chapters track the Superior Court's civil rules; the six that follow have no counterpart there, and cover the cases that make this a family court.

Companion ruleset Delaware Superior Court Rules of Civil Procedure →

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Show only active rules Hides 35 dead-stub rows (“Omitted,” “Repealed” or “Reserved” in the Court's own compilation); uncheck the box to see them noted.

I. Scope of Rules--One Form of Action

Cited as Fam. Ct. Civ. R. · 2 active rules · 2 in the official compilation

II. Commencement of Action; Service of Process, Pleadings, Motions and Orders: Deposit and Security for Costs

Cited as Fam. Ct. Civ. R. · 4 active rules · 4 in the official compilation

III. Pleadings and Motions

Cited as Fam. Ct. Civ. R. · 14 active rules · 14 in the official compilation

IV. Parties

Cited as Fam. Ct. Civ. R. · 8 active rules · 9 in the official compilation

V. Depositions and Discovery

Cited as Fam. Ct. Civ. R. · 11 active rules · 12 in the official compilation

VI. Trials

Cited as Fam. Ct. Civ. R. · 12 active rules · 21 in the official compilation

Rule 38 Jury trial of right Omitted
Rule 39 Trial by jury or by the Court Omitted
Rule 40 Continuances: Contents of motion or request; absence of material witness
Rule 41 Dismissal of actions
Rule 42 Consolidation; separate trials
Rule 42.1 Opening statements by attorneys Omitted
Rule 42.2 Type of trial; record
Rule 43 Evidence
Rule 44 Proof of official records
Rule 44.1 Determination of foreign law
Rule 44.2 Reports or other information; availability; restrictions on use; hearings
Rule 45 Subpoena
Rule 46 Exceptions unnecessary
Rule 47 Jurors Omitted
Rule 48 Juries of less than 12 — Majority verdict Omitted
Rule 49 Special verdicts and interrogatories Omitted
Rule 50 Motion for directed verdict Omitted
Rule 51 Instructions to jury; objection Omitted
Rule 52 Findings by the Court, conclusions, reasons; guidelines and standards in property distribution, alimony and child support cases Repealed
Rule 53 Masters
Rule 53.1 Appeals from commissioners’ orders

VII. Judgment

Cited as Fam. Ct. Civ. R. · 10 active rules · 13 in the official compilation

Rule 54 Judgment
Rule 55 Default judgments
Rule 56 Summary judgment
Rule 57 Declaratory judgments
Rule 58 Entry of judgment
Rule 58.1 Entry of judgment by confession and execution thereon Omitted
Rule 58.2 Entry of judgment by confession in open court Omitted
Rule 58.3 Judgments by confession entered prior to July 9, 1971 Omitted
Rule 59 New trials and rearguments
Rule 60 Relief from judgment or order
Rule 61 Harmless error
Rule 62 Stays by trial court and on appeal
Rule 63 Inability of a judicial officer to proceed

VIII. Provisional and Final Remedies and Special Proceedings

Cited as Fam. Ct. Civ. R. · 7 active rules · 14 in the official compilation

Rule 64 Seizure of persons or property
Rule 64.1 Orders for hearing or rules to show cause Omitted
Rule 65 Injunctions
Rule 65.1 Security: Proceedings against sureties
Rule 65.2 Emergency and interim orders
Rule 65.3 Directions and restrictions on conduct
Rule 66 Receivers appointed by federal courts Omitted
Rule 67 Deposit in Court Omitted
Rule 68 Offer of judgment Omitted
Rule 69 Execution writ for payment of money: Transcription to Superior Court
Rule 70 Judgment for specific acts; vesting title; contempt
Rule 71 Process in behalf of and against persons not parties Omitted
Rule 71.1 Condemnation of property Omitted
Rule 71.2 Medical malpractice Omitted

IX. Appeals

Cited as Fam. Ct. Civ. R. · 6 active rules · 6 in the official compilation

X. The Family Court: Clerk

Cited as Fam. Ct. Civ. R. · 4 active rules · 6 in the official compilation

Rule 77 The Family Court; duties of the Clerk; records and exhibits
Rule 78 Motion days; arguments Omitted
Rule 79 Books and records kept by the Clerk and entries therein
Rule 79.1 Electronic filing
Rule 79.2 Filing by email
Rule 80 Stenographer; stenographic report or transcript as evidence Omitted

XI. General Provisions

Cited as Fam. Ct. Civ. R. · 12 active rules · 16 in the official compilation

Rule 81 Applicability in special proceedings Reserved
Rule 82 Jurisdiction and venue unaffected
Rule 83 Rules by district courts Omitted
Rule 84 Forms Omitted
Rule 85 Title
Rule 86 Effective date
Rule 87 Assignment of causes to Family Court from Superior Court or the Court of Chancery
Rule 87.1 Assignment of cases to the Court of Common Pleas Omitted
Rule 87.2 Venue and transfer of action between counties
Rule 88 Allowance of attorneys’ fees; expenses and services
Rule 89 Appointment of counsel for State officers and employees
Rule 90 Attorneys
Rule 90.1 Records; privacy
Rule 90.2 Sealing records
Rule 90.3 Transcripts
Rule 90.4 Electronic copy of audio record

XII. Divorce and Annulment

Cited as Fam. Ct. Civ. R. · 4 active rules · 8 in the official compilation

Rule 100 Divorce and annulment; acquiring jurisdiction
Rule 101 Process; complaint; prayers
Rule 102 Sheriffs to whom writs shall be issued Omitted
Rule 103 Mailing of petition Omitted
Rule 104 Answer in contested divorce Omitted
Rule 104.1 Scheduling; notice of hearings
Rule 104.2 Decrees of divorce and annulment
Rule 105 Necessity to pay costs Omitted

XIII. Miscellaneous Provisions

Cited as Fam. Ct. Civ. R. · 3 active rules · 7 in the official compilation

Rule 106 Removal of causes from Court of Common Pleas Omitted
Rule 107 Briefs; letter memoranda
Rule 108 Sureties Omitted
Rule 109 Complaint Omitted
Rule 110 Condemnation cases; designation of proposed commissioners and formation of calendar Omitted
Rule 111 Termination of parental rights and adoption
Rule 112 Proceedings in forma pauperis

XIV. Child Dependency, Neglect and/or Abuse Proceedings

Cited as Fam. Ct. Civ. R. · 28 active rules · 28 in the official compilation

Subpart ARules Applicable to All Proceedings Involving Dependent, Neglected and / or Abused Children in Dscyf Custody

Subpart BRules Applicable to All Proceedings in Which the Department of Services for Children Youth and Their Families is Not the Petitioner

XV. Support Proceedings

Cited as Fam. Ct. Civ. R. · 4 active rules · 4 in the official compilation

XVI. Protection from Abuse Proceedings

Cited as Fam. Ct. Civ. R. · 9 active rules · 9 in the official compilation

XVII. Delaware Child Support Formula

Cited as Fam. Ct. Civ. R. · 11 active rules · 11 in the official compilation

Rule numbers the Court has omitted, repealed or reserved are kept in place above, flagged rather than deleted, so a citation to one still lands somewhere that explains what happened to it.

Source: Delaware Family Court · Adopted by the Family Court of the State of Delaware · Current through June 1, 2026 · Official source