Rule 42.2.Type of trial; record

Ch. VI: Trials · Last amended 2020 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 42.2 makes Family Court hearings private and non-jury, records them all, and forbids excluding a party except for good cause.

Full Text of Rule 42.2

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Unless otherwise required by statute or rule, all hearings or trials shall be conducted privately by the Court without a jury. Only those persons shall be admitted to the courtroom who are parties or attorneys representing parties; the Court may also admit persons having a direct interest in the proceeding or whose presence otherwise accords with the public interest. No person shall be admitted or permitted to remain in the courtroom whose presence is inconsistent with law or proper decorum.

(b) No party shall be excluded from a trial or hearing except for good cause.

(c) Sequestration of witnesses, other than parties, may be allowed upon request of any party or on the Court's own motion.

(d) All hearings or trials shall be recorded by stenographic notes, stenotype machine or by electronic, mechanical or other appropriate means; however, children may be interviewed by the Court in accordance with 13 Del.C. Section 724(a).

(e) All sidebar conferences and chambers conferences during trial shall be recorded unless the judicial officer determines, in advance, that neither evidentiary nor substantive issues are involved.

End

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 1, 2020].

Plain-English Summary

A handful of short provisions that between them describe what a Delaware Family Court hearing actually is.

Private, and without a jury. Unless a statute or rule requires otherwise, all hearings and trials are conducted privately by the court without a jury, and only the persons the rule permits may be present. This is the structural difference between this court and the Superior Court next door, and it is why the Family Court's civil rules omit the entire jury apparatus.

But not without the parties. No party shall be excluded from a trial or hearing except for good cause. Privacy protects the family from the public; it is not a licence to decide someone's case behind their back.

Witnesses. Sequestration of witnesses other than parties may be allowed on a party's request or the court's own motion.

The record. All hearings and trials are recorded — by stenographic notes, stenotype machine, or electronic, mechanical or other appropriate means. Sidebar and chambers conferences during trial are recorded too, unless the judicial officer determines in advance that neither evidence nor argument will be involved.

Frequently Asked Questions

Are Delaware Family Court hearings open to the public?

No. Unless a statute or rule requires otherwise, hearings and trials are conducted privately by the court, and only the persons the rule permits may be present.

Is there a jury in the Delaware Family Court?

No. Hearings and trials are conducted by the court without a jury unless a statute or rule requires otherwise.

Can I be excluded from my own hearing?

No party shall be excluded from a trial or hearing except for good cause.

Is the hearing recorded?

Yes. All hearings and trials are recorded by stenographic notes, stenotype machine, or electronic, mechanical or other appropriate means, and sidebar and chambers conferences are recorded unless the judicial officer determines in advance that no evidence or argument will be involved.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 42.2), 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: are Delaware Family Court hearings privateno jury Delaware Family Courtrecording of hearings DelawareFam. Ct. Civ. R. 42.2