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Rule 10.Form of pleadings

Part III: Pleadings and Motions · Last amended May 1, 2013 · Last verified July 28, 2026

In one sentenceRule 10 sets the technical form pleadings must follow -- a caption naming the court, action, file number, and parties, claims in numbered paragraphs limited to a single set of circumstances, exhibits treated as part of the pleading, and a court-approval requirement before any complaint can be filed under a pseudonym.

Full Text of Rule 10

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

(a) Caption: Names of parties. Every pleading shall contain a caption setting forth the name of the Court, the title of the action, the file number, and a designation as in Rule 7(a). In the complaint the title of the action shall include the names of all the parties, except as provided in subparagraph (e) of this Rule, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.
(b) Paragraphs: Separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c) Adoption by reference: Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
(d) Form of papers. Pleadings or other papers to be filed shall be plainly written or printed and backed, and, if materially defaced by erasures or interlineations, shall not be received by the Prothonotary without a Judge’s order.
(e) No complaint may be filed under a pseudonym without prior Court approval or unless accompanied by a motion seeking approval. A petition or motion seeking approval to proceed by pseudonym must be accompanied by an affidavit stating specific facts explaining why anonymity of the party is necessary and facts sufficient to overcome the presumption of public access to the identities of litigants. Such petition or motion may be filed under seal.

Amendment History

Amended, effective Jan. 1, 1955; July 1, 1970; May 1, 2013.

Plain-English Summary

Rule 10(a) requires every pleading to carry a caption with the name of the court, the title of the action, the file number, and a designation under Rule 7(a). The complaint's title must include the names of all parties, subject to the pseudonym provision in Rule 10(e); later pleadings only need to name the first party on each side, with an indication that others are involved.

Rule 10(b) requires every averment of claim or defense to appear in numbered paragraphs, each limited so far as practicable to a single set of circumstances, so a paragraph can be referred to by number in later pleadings. Each claim founded on a separate transaction or occurrence, and each defense other than a denial, should get its own count or defense whenever separating them makes the pleading clearer. Rule 10(c) lets a party adopt statements by reference elsewhere in the same pleading, in another pleading, or in a motion, and a copy of any written instrument attached as an exhibit becomes part of the pleading for all purposes.

Rule 10(d) requires pleadings and other papers to be plainly written or printed and backed; if a paper is materially defaced by erasures or interlineations, the Prothonotary can't accept it without a judge's order. Rule 10(e) adds a modern safeguard: no complaint may be filed under a pseudonym without prior court approval, or unless it's accompanied by a motion seeking that approval. The motion or petition needs an affidavit stating specific facts explaining why the party's anonymity is necessary and facts sufficient to overcome the presumption of public access to litigants' identities, and it may be filed under seal.

Frequently Asked Questions

What has to appear in the caption of a Delaware pleading?

Rule 10(a) requires the name of the court, the title of the action, the file number, and a designation under Rule 7(a). The complaint's title must include the names of all parties, subject to the pseudonym rule in Rule 10(e).

Do I need to number the paragraphs in my complaint?

Yes. Rule 10(b) requires averments of claim or defense to be made in numbered paragraphs, each limited so far as practicable to a single set of circumstances.

If I attach a contract as an exhibit, is it treated as part of my complaint?

Yes. Rule 10(c) states that a copy of any written instrument that's an exhibit to a pleading is a part of that pleading for all purposes.

Can I file a lawsuit under a fictitious name to protect my identity?

Only with prior court approval, or by filing a motion seeking that approval along with the complaint. Rule 10(e) requires an affidavit with specific facts explaining why anonymity is necessary and facts sufficient to overcome the presumption of public access to litigants' identities.

What happens if my paper has erasures or handwritten changes on it?

Rule 10(d) states that a paper materially defaced by erasures or interlineations can't be received by the Prothonotary without a judge's order.

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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