Rule 1.Scope and purpose of rules
Ch. I: Scope of Rules--One Form of Action · Last amended 2018 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 1
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 3, 1996; December 1, 2018.]
Plain-English Summary
Two short subsections that between them govern how everything else is read.
Scope. The rules govern procedure in the Family Court of the State of Delaware, with the exceptions Rule 81 states. They are to be construed, administered and employed by the court and the parties to secure the just, speedy and inexpensive determination of every proceeding — the familiar formula, and worth noticing that it binds the parties and not only the judge.
Definitions. Any word used in these rules that is also defined in Title 10 of the Delaware Code carries the same meaning, unless the context requires otherwise. Then three translations, which exist because the statutes and the rules grew up apart: “Petitioner” includes “Plaintiff” or “Complainant” wherever a statute uses those; “Respondent” includes “Defendant”; and “Child” includes “Infant” or “Minor”.
That vocabulary is not decoration. A litigant reading a Delaware statute about what a plaintiff must do is reading about themselves, even though every form in the Family Court calls them the petitioner.
Frequently Asked Questions
What cases do the Family Court civil rules cover?
Procedure in the Family Court of the State of Delaware, with the exceptions stated in Rule 81.
Am I the plaintiff or the petitioner?
The petitioner. The rules provide that “Petitioner” includes “Plaintiff” or “Complainant” where a statute uses the latter, and “Respondent” likewise includes “Defendant”.
Do the rules define their own terms?
Words used in the rules that are also defined in Title 10 of the Delaware Code carry the same meaning, unless the context requires otherwise.