Rule 87.Assignment of causes to Family Court from Superior Court or the Court of Chancery

Delaware divides its civil work among several trial courts, and sometimes a case in one of them turns on a question that belongs to this one. This rule is the mechanism for handing that question over.

The certificate. An assignment or transfer by the Superior Court or the Court of Chancery is made by certificate of one or more Superior Court judges, or of the Chancellor or a Vice Chancellor. The certificate names the parties, describes the nature of the matter, states the issues to be ultimately determined, and specifies what is to be heard, tried and determined here.

That specification is the working part. This court takes only what the certificate gives it, so the sending court decides how much of its case leaves. The certificate also directs the Prothonotary or the Register in Chancery to deliver it to the Clerk of the Family Court, along with whichever original pleadings and exhibits — or true copies — the sending court directs.

The report back. This court's report or certificate is made in triplicate, signed by a judge, sets out the decision or determination, and is filed with the Prothonotary or Register in Chancery. Original pleadings and exhibits go back, and counsel for each party is sent a copy.

Jurisdiction stays. Where a case is transferred, this court retains jurisdiction over any person for the purpose of disposition as if the case had been filed here to begin with, unless the transferring court directs otherwise. A transferred matter is a real case in this court, not an errand.