Rule 12.Defenses and objections — When and how presented — By pleading or motion — Motion for judgment on pleadings
Ch. III: Pleadings and Motions · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 12 gives a respondent 20 days to answer, lets certain defences be raised by motion instead, and warns that jurisdiction over the person, venue and service are waived if not raised at the first opportunity.
(a)When Presented. A respondent shall serve an answer within 20 days after service of the summons and petition unless the Court directs otherwise. If a respondent appears before being served, respondent shall serve the answer within 20 days after entering an appearance. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 20 days after being served. The petitioner shall serve the reply to a counterclaim in the answer within 20 days after service of the answer or, if a reply is ordered by the Court, within 20 days after service of the order, unless the order otherwise directs. The service of a motion permitted under this Rule alters these periods as follows, unless a different time is fixed by order of the Court:
(1)If the Court denies the motion or postpones its disposition until the trial on the merits, the responsive pleadings shall be served within 10 days after notice of the Court's action.
(2)If the Court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.
(b)How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) Lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
(c)Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
(d)Preliminary Hearings. The defenses specifically enumerated (1)-(7) in subdivision (b) of this Rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this Rule, shall be heard and determined before trial on application of any party, unless the Court orders that the hearing and determination thereof be deferred until the trial.
(e)Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the Court is not obeyed within 10 days after notice of the order or within such other time as the Court may fix, the Court may strike the pleading to which the motion was directed or make such order as it deems just.
(f)Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these Rules, upon motion made by a party within 20 days after being served with the pleading or upon the Court's own initiative at any time, the Court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
(g)Consolidation of Defenses in Motion. A party who makes a motion under the Rule may join with it any other motions herein provided for and then available. If a party makes a motion under this Rule but omits therefrom any defense or objection then available which this Rule permits to be raised by motion, that party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds there stated.
(1)A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or (B) if it is neither made by motion under this Rule nor included in a responsive pleading or an amendment thereof permitted by Rule 15(a) to be made as a matter of course.
(2)A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 7(a), or by motion for judgment on the pleadings, or at the trial on the merits.
(3)Whenever it appears by suggestion of the parties or otherwise that the Court lacks jurisdiction of the subject matter, the Court shall dismiss the action.
End
Plain-English Summary
Timing. A respondent serves an answer within 20 days after service of the summons and petition, unless the court directs otherwise; a respondent who appears before being served has 20 days from entering the appearance. If a motion under this rule is denied or its decision deferred to trial, the responsive pleading follows within 10 days of notice of the court's action; if a motion for a more definite statement is granted, within 10 days after the statement is served.
By motion instead. Every defence must be asserted in the responsive pleading where one is required, except that the rule's enumerated defences may at the pleader's option be raised by motion first.
The waiver trap. Lack of jurisdiction over the person, improper venue, insufficiency of process and insufficiency of service of process are waived if omitted from a motion that raised other such defences, or if raised neither by motion nor in the responsive pleading. They are the defences you lose by going second.
What survives. Failure to state a claim, failure to join a party indispensable under Rule 19, and failure to state a legal defence may be raised in any permitted pleading, on a motion for judgment on the pleadings, or at trial. And subject-matter jurisdiction can never be waived: whenever it appears the court lacks it, however that appears, the court shall dismiss.
Other tools. Judgment on the pleadings after the pleadings close; a more definite statement where a pleading is too vague to answer; and a motion to strike, which a party may bring before responding, or within 20 days of service where no response is permitted, or which the court may act on itself at any time. A motion presenting matter outside the pleadings is treated as one for summary judgment under Rule 56.
Frequently Asked Questions
How long do I have to answer in the Delaware Family Court?
20 days after service of the summons and petition, unless the court directs otherwise; or 20 days after entering an appearance if you appear before being served.
Which defences do I lose if I do not raise them early?
Lack of jurisdiction over the person, improper venue, insufficiency of process and insufficiency of service of process — waived if omitted from a motion raising other such defences, or if raised neither by motion nor in the responsive pleading.
Can the court dismiss for lack of subject-matter jurisdiction at any time?
Yes. Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
What if the petition is too vague to answer?
Move for a more definite statement before filing a responsive pleading. If the motion is granted, the responsive pleading is served within 10 days after the more definite statement.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 12), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:20 days to answer Delaware Family Courtmotion to dismiss Delaware familywaiver of personal jurisdiction DelawareFam. Ct. Civ. R. 12