When a case has been removed to this Court from the Court of Common Pleas, the case shall proceed without further process as though a complaint had been served under these Rules on the date when the process was served.
Rule 106.Removal of causes from Court of Common Pleas
Part XIII: Miscellaneous Provisions · Not amended since adoption on record · Last verified July 28, 2026
In one sentenceRule 106 provides that once a case is removed to Superior Court from the Court of Common Pleas, it proceeds without any further process, treated as though a complaint had been served under the Superior Court's own rules on the date the original process was served.
Full Text of Rule 106
Plain-English Summary
Rule 106 opens Part XIII, the Miscellaneous Provisions part, with a single sentence covering removal from the Court of Common Pleas. It doesn't require a new complaint, new service, or any other process once the case lands in Superior Court. The case proceeds as though a complaint had already been served under the Superior Court's rules, using the date the original process was served in the Court of Common Pleas.
That fixed reference date matters. Deadlines that run from service, like the time to answer, keep running from when process was served, not from the date the case happens to arrive in Superior Court. Rule 106 spares the parties from re-serving papers they already served correctly the first time.
Rule 87.1 handles the reverse direction, the assignment of cases from Superior Court to the Court of Common Pleas by certificate. Rule 106 is the rule that picks up a case moving the other way, letting it continue in Superior Court without a procedural restart.
Frequently Asked Questions
Do I need to serve a new complaint after my case is removed to Superior Court?
No. Rule 106 states the case proceeds without further process, as though a complaint had been served under the Superior Court's rules already.
What date counts for computing deadlines after removal?
The date when the original process was served, before removal, is the date Rule 106 treats as the service date under the Superior Court's rules.
Does removal to Superior Court require filing a new complaint?
No. The rule treats the case as though a complaint had already been served, so no new complaint is required solely because of the removal.
How does Rule 106 differ from Rule 87.1?
Rule 87.1 governs the assignment of cases from Superior Court to the Court of Common Pleas. Rule 106 governs the opposite direction, a case removed to Superior Court from the Court of Common Pleas.
Is any additional process required beyond what already happened in the Court of Common Pleas?
No. Rule 106 says the case proceeds "without further process."
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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