Ch. II: Commencement of Action; Service of Process, Pleadings, Motions and Orders: Deposit and Security for Costs · Last amended 2023 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 6 counts time: skip the first day, include the last unless it is a weekend or holiday, and add 3 days when the clock started with service by mail or email.
(a)Computation. In computing any period of time prescribed or allowed by these Rules, by order of Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this Rule, “legal holidays” shall be those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware.
(b)Enlargement. When by these Rules or by a notice given thereunder or by order of Court an act is required or allowed to be done at or within a specified time, the Court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them.
(c)For Motions--Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served in a timely manner. For cause shown, an order may be made on an ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), a response or opposing affidavits shall be served in accordance with Rule 7(b)(2) unless the Court permits them to be served at some other time.
(d)Additional Time After Service by Mail or Electronic Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after being served and service is by mail or electronic mail, 3 days shall be added to the prescribed period unless the time period is prescribed by statute.
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 December 1, 2018; January 1, 2023.]
Plain-English Summary
The rule everyone checks and nobody remembers.
Computing. The day of the act, event or default that starts the period is not counted. The last day is counted, unless it is a Saturday, a Sunday or a legal holiday, in which case the period runs to the end of the next day that is none of those.
Enlarging. For cause shown the court may extend a period. If the request comes before the period expires, it may do so with or without motion or notice. If it comes afterwards, the standard is higher — the rule treats a request made in time and a request made late as different things, and a litigant who sees a deadline coming should ask before it passes rather than after.
Motions. A written motion other than one heard ex parte, and notice of its hearing, must be served in a timely manner; for cause shown an order may be made on an ex parte application. An affidavit supporting a motion is served with it, and opposing affidavits follow on the timetable the rule sets, with Rule 59(c) governing new trials.
The three extra days. Where a party must act within a period after being served and service was by mail or by electronic mail, 3 days are added — unless the period is prescribed by statute, in which case it is not. That exception is the one that catches people: a statutory deadline gets no postal grace.
Frequently Asked Questions
How do you count days in the Delaware Family Court?
Do not count the day of the act or event that starts the period. Count the last day, unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the end of the next day that is not one of those.
Do I get extra time if I was served by mail?
3 days are added to the period — unless the time period is prescribed by statute, in which case no days are added.
Does email service get the extra days too?
Yes. The rule adds the same 3 days for service by mail or by electronic mail.
Can a deadline be extended?
For cause shown the court may enlarge a period. A request made before the period expires may be granted with or without motion or notice; a request made after it expires is treated differently.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 6), 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:Delaware Family Court deadline calculation3 days for mailing Delawarehow to count days Delaware Family CourtFam. Ct. Civ. R. 6