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Rule 124.Scope of rules

Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended April 1, 1998 · Last verified July 28, 2026

In one sentenceRule 124 opens Delaware's Summary Proceedings for Commercial Disputes, a fast, jury-free, no-punitive-damages track for business cases exceeding $100,000 in controversy that the parties agree in writing to use, while letting the Superior Court accept smaller cases at its discretion.

Full Text of Rule 124

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

(a) These rules shall govern the procedure in the Superior Court (hereinafter the “Court”) of the State of Delaware in actions subject to Summary Proceedings for Commercial Disputes, herein referred to as “Summary Proceedings.”
(b) Any matter within the subject matter jurisdiction of the Superior Court, excluding claims asserting personal, physical or mental injury, wherein the amount in controversy exceeds one hundred thousand dollars as to at least one party, exclusive of interest and costs shall be subject to expedited proceedings under these Rules when the parties (at least one of which is a Delaware citizen, corporation or other business entity) have consented, by written agreement or stipulation. Neither punitive damages nor a jury trial shall be available under these Rules.
(c) The Court may, at its discretion, to the extent judicial resources are available, entertain actions under these Rules wherein the amount in controversy does not exceed one hundred thousand dollars. Application to proceed under these Rules in such actions shall be made by written motion to the President Judge of the Superior Court or his designee.
(d) To the extent they are not inconsistent with Rules 124 through 131, the remaining Superior Court civil rules shall apply to Summary Proceedings.

Amendment History

Added, effective Apr. 1, 1994; amended, effective Apr. 1, 1998.

Plain-English Summary

Rule 124 sets the boundary of Part XV. It governs actions subject to Summary Proceedings for Commercial Disputes in the Superior Court. Subsection (b) draws the eligibility line: the case has to fall within the Court's subject matter jurisdiction, can't involve a claim for personal, physical, or mental injury, and the amount in controversy — apart from interest and costs — has to exceed $100,000 as to at least one party. At least one party must be a Delaware citizen, corporation, or other business entity, and all parties have to consent, by written agreement or stipulation, to use this track. In exchange for speed, the parties give up two things: punitive damages and a jury trial.

Subsection (c) leaves room below that $100,000 floor. If judicial resources allow, the Court may, at its discretion, hear a smaller case under these rules — but only on written motion to the President Judge or the President Judge's designee. It isn't automatic.

Subsection (d) ties Rule 124 to the rest of the Superior Court Civil Rules: everything else in the ordinary rules still applies to a Summary Proceeding, except where Rules 124 through 131 say something different. Part XV reads less like a stand-alone code and more like a set of overrides layered onto the rules already in place.

Frequently Asked Questions

What amount in controversy does a case need to qualify for Summary Proceedings?

More than $100,000, exclusive of interest and costs, as to at least one party. Rule 124(c) lets the Court hear smaller cases anyway, at its discretion, on written motion to the President Judge or the President Judge's designee.

Can I get punitive damages or a jury trial in a Summary Proceeding?

No. Rule 124(b) rules out both once a case proceeds under these rules.

What kinds of cases are excluded from Summary Proceedings no matter the dollar amount?

Claims asserting personal, physical, or mental injury are excluded, regardless of the amount in controversy.

Do both sides have to agree to use Summary Proceedings?

Yes. Rule 124(b) requires consent by written agreement or stipulation, and at least one party must be a Delaware citizen, corporation, or other business entity.

If my case qualifies for Summary Proceedings, do the ordinary Superior Court rules still apply?

Yes, to the extent they aren't inconsistent with Rules 124 through 131 — Rule 124(d) folds them in.

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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