Rule 2.One form of action
Ch. I: Scope of Rules--One Form of Action · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 2
Plain-English Summary
A single sentence, and one of the shortest rules in the set: there shall be one form of action, to be known as a “civil action”.
It is the Delaware Family Court's version of a reform that swept American procedure in the last century. Before it, a litigant had to choose the right writ — assumpsit, trespass, replevin — and choosing wrong could end the case without anyone reaching the merits. One form of action means the pleading names what happened and what relief is wanted, and the court supplies the law.
In a family court the practical effect is that custody, support, divorce, protection from abuse and guardianship all arrive through the same door and are governed by the same rules of procedure, however different the subjects are.
Frequently Asked Questions
Are there different types of civil action in the Delaware Family Court?
No. There is one form of action, known as a civil action.
Do I have to name the right cause of action to file?
Not in the old sense of choosing a writ. One form of action means the pleading states the facts and the relief sought; Rule 8 sets out what a pleading must contain.