These Rules shall govern the procedure in the Superior Court of the State of Delaware with the exceptions stated in Rule 81. They shall be construed, administered, and employed by the Court and the parties, to secure the just, speedy and inexpensive determination of every proceeding.
Rule 1.Scope and purpose of Rules
Part I: Scope of Rules — One Form of Action · Last amended August 1, 2019 · Last verified July 28, 2026
In one sentenceRule 1 states that these Rules govern procedure in Delaware's Superior Court except where Rule 81 says otherwise, and directs both the Court and the parties to use them to reach a just, speedy, and inexpensive determination of every proceeding.
Full Text of Rule 1
Amendment History
Amended, effective Jan. 1, 1995; June 27, 2019, effective Aug. 1, 2019.
Plain-English Summary
Rule 1 sets the outer boundary for the rest of the rulebook. It applies to the Superior Court of the State of Delaware, and it applies broadly, with one carve-out: the exceptions listed in Rule 81. Rule 81 names a set of special proceedings, among them boundary disputes, name changes, condemnation, contested elections, habeas corpus, mandamus, and quo warranto, where the Rules apply only so far as practicable and only to the extent they don't conflict with a governing statute. Outside that list, Rule 1 covers the field.
The rule's second sentence carries the weight. These Rules exist to secure the just, speedy, and inexpensive determination of every proceeding, and Rule 1 puts that job on the Court and the parties alike. A judge doesn't shoulder that goal alone; a lawyer who buries a case in unnecessary motions or drags out discovery works against the same standard the rule sets for the Court.
Rule 1 has been amended twice, effective January 1, 1995, and again effective August 1, 2019. The text that survives is short by design. It doesn't spell out procedure itself; it tells every other rule in the book, and everyone who uses it, what they're for.
Frequently Asked Questions
What court does Rule 1 of the Delaware Rules of Civil Procedure govern?
Rule 1 governs procedure in the Superior Court of the State of Delaware, subject to the exceptions stated in Rule 81.
Are there proceedings Rule 1 doesn't fully cover?
Yes. Rule 81 lists special proceedings, including boundary disputes, change of name, condemnation, contested elections, habeas corpus, mandamus, and quo warranto, among others, where the Rules apply only so far as practicable and only where they don't contravene an applicable statute.
Who is responsible for making sure a case moves justly, speedily, and inexpensively?
Rule 1 says these Rules are to be construed, administered, and employed by the Court and the parties, so both share that responsibility, not the judge alone.
Has Rule 1 been changed since it was adopted?
Yes. The rule's History line shows amendments effective January 1, 1995, and June 27, 2019, effective August 1, 2019.
Does Rule 1 set out any specific procedure on its own?
No. Rule 1 states the scope of the Rules and their purpose. The procedural detail comes from the rules that follow it.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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