(a) Unless otherwise ordered, the plaintiff in each condemnation case, within 30 days after the filing of the complaint, shall submit to the senior term Judge then sitting in the county an order in blank (with copies attached for each party) whereby the Court may designate the proposed condemnation commissioners and the date for striking such commissioners, pursuant to 10 Delaware Code § 6108.
Rule 110.Condemnation cases; designation of proposed commissioners and formation of calendar
Part XIII: Miscellaneous Provisions · Last amended September 16, 1963 · Last verified July 28, 2026
In one sentenceRule 110 requires a condemnation plaintiff to submit a proposed order within 30 days of filing so the Court can designate proposed commissioners under 10 Del. C. section 6108, sets a 20-day window for striking them, and has the Prothonotary calendar the case once striking is done.
Full Text of Rule 110
(b) The order as executed will call for the prompt striking of the proposed commissioners either on a day certain or on a day to be agreed upon by the parties, but not later than 20 days after the date of the order. The striking will be so scheduled as to allow a reasonable time between the naming and the striking of the commissioners.
(c) The Prothonotary will mail a copy of the order to each party or to the counsel for each party which has appeared through counsel.
(d) After the proposed commissioners have been stricken as provided in the order, the Prothonotary will add the case to the trial calendar of pending condemnation cases for the next following term of Court.
Amendment History
Added, effective Sept. 16, 1963.
Plain-English Summary
Unless the Court orders otherwise, a condemnation plaintiff has 30 days after filing the complaint to submit an order in blank, with copies for each party, to the senior term judge then sitting in the county. That order lets the Court designate the proposed condemnation commissioners and set a date for striking them, under 10 Del. C. section 6108.
The order, once executed, calls for the proposed commissioners to be struck promptly, either on a day certain or a day the parties agree on, but no later than 20 days after the date of the order. Rule 110 requires that schedule to leave a reasonable gap between naming the commissioners and striking them. The Prothonotary mails a copy of the order to each party, or to counsel for any party that has appeared.
Once the commissioners have been struck as the order provides, the Prothonotary adds the case to the trial calendar of pending condemnation cases for the next term of Court.
Frequently Asked Questions
How soon after filing a condemnation complaint must the proposed order be submitted?
Within 30 days of filing, unless the Court orders otherwise.
What is the order under Rule 110 used for?
To let the Court designate the proposed condemnation commissioners and set the date for striking them, under 10 Del. C. section 6108.
How long do the parties have to strike the proposed commissioners?
No later than 20 days after the date of the order, on a day certain or a day the parties agree on, with a reasonable gap between naming and striking.
Who notifies the parties once the order is entered?
The Prothonotary mails a copy to each party or to counsel for any party that has appeared through counsel.
What happens after the commissioners are struck?
The Prothonotary adds the case to the trial calendar of pending condemnation cases for the next term of Court.
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
Also known as: delaware condemnation commissioners rule10 del c 6108 striking commissionerseminent domain procedure delaware superior courtde rule 110 condemnation calendarcondemnation trial calendar delaware