Rule 7.Pleadings allowed; motions

Ch. III: Pleadings and Motions · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 7 lists the pleadings the court allows, and sets the shape of a motion — in writing, with particular grounds, a notice, a proposed order, and 10 days for anyone opposing it to respond.

Full Text of Rule 7

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

(a) Pleadings. There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a crossclaim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is served under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the Court may order a reply to an answer or a third-party answer.

(b) Motions, Affidavits, Responses and Other Papers.

(1) An application to the Court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The motion shall be accompanied by a notice and a proposed form of order. Where a motion is based upon particular facts, it should be supported by affidavit(s) or other material.

(2) If any part of a motion is opposed by any party, such party shall, within 10 days after service of the motion, file a written response together with such affidavit(s) or other material as that party may wish and a proposed form of order.

(3) While either party may request, in moving papers, oral argument of a motion or an evidentiary hearing thereon, the Judge to whom the motion is presented may decide the motion on the moving papers submitted to the Court without further notice to either party unless the interests of justice required otherwise, or may enter an interim order based on the moving papers subject to modification at a later hearing if requested.

(4) If the affidavits and other material submitted with the original moving papers do not make out a prima facie case for the relief requested, the motion may be denied by the Court. If no affidavits or other materials are filed in opposition to the motion within the time allowed therefor, it may be granted by the Court.

(5) A motion or other paper shall contain a caption setting forth the name of this Court, the caption of the case, the file number, the relevant petition number, the date of filing, and a brief descriptive title indicating the purpose of the paper.

(6) Rule 107(c)(5) and Rule 107(f) shall apply to citations in motions and other papers.

(7) All motions shall be signed in accordance with Rule 11.

(c) Size of Pleadings, Motions and Other Papers. Pleadings, motions and other papers may be typewritten or handwritten upon opaque, unglazed white paper, shall have papers not exceeding 8 ½ by 11 inches and shall be filed without backer. It is permissible for a motion or other paper to include material printed, typed, or handwritten on one side or both sides of the page, provided legibility is maintained. This requirement may be waived for filings made pursuant to 13 Del.C., Chapter 6.

End

Plain-English Summary

Pleadings. A petition and an answer; a reply to a counterclaim so denominated; an answer to a cross-claim; a third-party complaint where a non-party is served under Rule 14; and a third-party answer. That is the list, and nothing else is a pleading.

Motions. An application for an order is made by motion. Unless made during a hearing or trial it must be in writing, state its grounds with particularity, and set out the relief sought — and it must come with a notice and a proposed form of order.

Responding. A party opposing any part of a motion files a written response within 10 days of service, with whatever affidavits or other material they wish and a proposed form of order of their own.

Decided on the papers. Either side may ask for argument or an evidentiary hearing, but the judge may decide the motion on the papers without further notice unless the interests of justice require otherwise. Two consequences follow, and the rule states both: a motion whose affidavits do not make out a prima facie case may simply be denied, and a motion nobody opposes in time may simply be granted. The papers are the argument.

Form. Every motion carries a caption with the court's name, the case caption, the file number, the relevant petition number, the filing date and a brief descriptive title. Citations follow Rule 107. Signatures follow Rule 11. And papers are typed or handwritten on opaque unglazed white paper not exceeding 8 ½ by 11 inches, filed without a backer.

Frequently Asked Questions

How long do I have to respond to a motion in the Delaware Family Court?

10 days after service of the motion, by filing a written response with any affidavits or other material and a proposed form of order.

Will there be a hearing on my motion?

Not necessarily. Either party may request oral argument or an evidentiary hearing, but the judge may decide the motion on the moving papers without further notice unless the interests of justice require otherwise.

What happens if nobody opposes a motion?

If no affidavits or other materials are filed in opposition within the time allowed, the motion may be granted.

What must a motion contain?

It must be in writing, state the grounds with particularity, set out the relief sought, and be accompanied by a notice and a proposed form of order, under a caption naming the court, the case, the file and petition numbers, the filing date and a brief descriptive title.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 7), 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 motion practice10 days to respond to motion Delawareproposed form of order DelawareFam. Ct. Civ. R. 7