(a) In any proceeding seeking destruction of material or property pursuant to 16 Del. C. § 508(c) or 20 Del. C. § 3134, the petition shall be filed with the Prothonotary in the county where the material or property is located.
Rule 111.Proceeding for an order for the destruction of material in connection with a public health emergency
Part XIII: Miscellaneous Provisions · Last amended February 1, 2003 · Last verified July 28, 2026
In one sentenceRule 111 lets a petitioner seek an order under 16 Del. C. section 508(c) or 20 Del. C. section 3134 to destroy material tied to a public health emergency, requiring a verified petition, at least five days' notice to owners and claimants, and a hearing before the Court rules.
Full Text of Rule 111
(b) Prior to filing the petition, petitioner shall schedule with the Court a time and date for a hearing on the petition; such schedule shall allow for at least 5 days notice of the filing of the petition.
(c) The petition shall be verified and shall set forth:
(1) The identity of the petitioner and facts concerning the petitioner’s legal authority to bring the action;
(2) A description sufficient to identify the particular material or property at issue including its current location and/or custodian;
(3) Information concerning the need for the destruction of the material or property including the nature of the potential or existing public health emergency and the danger presented by the material or property;
(4) The identity of the owner(s) of the material or property and the identity of all persons or entities reasonably believed to have or claim an interest in the material or property.
(d) The petition shall have annexed thereto an affidavit showing that notice of the time, place and purpose of the hearing, together with a copy of the petition, has been given to the owners and all persons and entities reasonably believed to have or claim an interest in the material or property, and showing the time and method of such notice.
(e) The petition shall have annexed thereto a proposed order.
(f) The court shall hold a hearing on the petition as set forth in the notice or at such other time and place as the court may order.
(g) At the hearing, the court may consider any objections to the proposed order filed prior to the hearing or presented at the hearing. The court may receive evidence at the hearing.
(h) The court may issue a final order granting or denying relief, or may issue an interim order providing for custody and control of the property or material, with such restrictions and conditions as are determined appropriate, pending further proceedings as ordered by the court.
Amendment History
Added effective Feb. 1, 2003.
Plain-English Summary
A Rule 111 petition goes to the Prothonotary in the county where the material or property in question is located. Before filing it, the petitioner must first schedule a hearing date and time with the Court, allowing at least five days' notice of the petition's filing.
The petition itself must be verified and must set out the petitioner's identity and legal authority to bring the action, a description of the material or property sufficient to identify it, including its location and custodian, the reason destruction is needed, including the nature of the public health emergency and the danger the material or property presents, and the identity of the owners and anyone reasonably believed to have or claim an interest. An affidavit showing that notice, along with a copy of the petition, was given to those owners and interested persons, and how and when that notice was given, has to be attached, along with a proposed order.
At the hearing, the Court may consider objections filed beforehand or raised at the hearing and may receive evidence. It can then issue a final order granting or denying the relief sought, or an interim order addressing custody and control of the material or property, with whatever restrictions and conditions it finds appropriate, pending further proceedings.
Frequently Asked Questions
Where do I file a petition under Rule 111?
With the Prothonotary in the county where the material or property is located.
How much advance notice do interested parties get before the hearing?
At least five days' notice of the petition's filing, which the petitioner has to schedule with the Court before the petition is even filed.
What has to be in the petition itself?
A verified statement of the petitioner's identity and authority, a description and location of the material or property, the reasons destruction is needed, including the nature of the public health emergency, and the identity of the owners and anyone believed to claim an interest.
Can the Court do something short of a final order?
Yes. Rule 111(h) allows an interim order addressing custody and control of the property, with conditions the Court sets, pending further proceedings.
Can interested parties object at the Rule 111 hearing?
Yes. The Court may consider objections filed before the hearing or presented at it, and may receive evidence.
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 public health emergency destruction order16 del c 508 rule 111petition destroy property public health delawarede superior court rule 11120 del c 3134 destruction order petition