Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended April 1, 1994 · Last verified July 28, 2026
In one sentenceRule 125 commences a Summary Proceeding by filing and next-day delivery of a complaint that states on its first page that Summary Proceedings are requested, and it sets out how a case already pending elsewhere can transfer or convert into one.
(1)Summary Proceedings are commenced by filing with the Court, and serving, a complaint. Sufficient copies shall be filed so that one copy is available for service on each defendant as hereafter provided, unless the Court orders otherwise.
(2)The complaint and the requisite accompanying documents shall be sent, via next-day delivery, to either a person identified in the applicable agreement between the parties to receive notice of Summary Proceedings or, absent such specification, to each defendant’s principal place of business or residence. The plaintiff shall provide to the Prothonotary pre-addressed and prepaid envelope(s) sufficient to accomplish the next-day delivery required by this paragraph. Evidence of receipt shall be filed with the Prothonotary.
(3)The complaint must state prominently on the first page that Summary Proceedings are requested. The complaint also must contain a statement of the amount in controversy exclusive of interest and costs, a statement that one of the parties is a Delaware citizen, corporation or other business entity, and a statement that the defendant has agreed to submit to the Court’s jurisdiction for Summary Proceedings. A copy of the portion of the document evidencing the agreement to submit to jurisdiction shall be attached to the complaint.
(1)With the consent of the transferor court, if required by that court, an action pending in any court of the State of Delaware or any other jurisdiction which could have been brought initially as a Summary Proceeding may be transferred to the Superior Court, or converted to a Summary Proceeding if already pending in the Superior Court, by consent of the parties thereto.
(2)Within 15 days of transfer or conversion, the Court shall hold a conference at which time a schedule for the remainder of the action shall be established that will conform as closely as feasible to these Rules. Unless cause not to do so is shown, the record from any prior proceedings shall be incorporated into the record of the Summary Proceeding.
(c)Filing fee. The Prothonotary shall not file any paper or record or docket any proceeding under these Rules until the required filing fee has been paid. The filing fee shall be subject to the provisions relating to taxing of costs under Rule 54.
Amendment History
Added, effective Apr. 1, 1994.
Plain-English Summary
A Summary Proceeding starts the way any Superior Court action does — the plaintiff files a complaint. Rule 125(a) layers on requirements specific to this track. The complaint has to state, prominently, on its first page, that Summary Proceedings are requested. It must also state the amount in controversy exclusive of interest and costs, state that a party is a Delaware citizen, corporation, or other business entity, and state that the defendant agreed to submit to the Court's jurisdiction for Summary Proceedings — with a copy of the portion of the document evidencing that agreement attached.
Service moves fast too. The plaintiff files enough copies for service on every defendant, and the complaint and accompanying documents go out via next-day delivery, either to a person the parties' agreement names to receive notice or, if the agreement is silent, to each defendant's principal place of business or residence. The plaintiff supplies the Prothonotary with pre-addressed, prepaid envelopes to make that delivery happen, and proof of receipt gets filed with the Prothonotary.
Rule 125(b) covers cases that didn't start out as Summary Proceedings. An action already pending in any Delaware court, or any other jurisdiction, that could have been brought as a Summary Proceeding in the first place can transfer into Superior Court, or convert if it's already there, with the parties' consent (and the transferor court's consent, if that court requires it). Within 15 days of the transfer or conversion, the Court holds a conference and sets a schedule that tracks these Rules as closely as feasible, and the record from the earlier proceeding generally carries over.
Rule 125(c) requires payment of the filing fee, subject to Rule 54's cost provisions, before the Prothonotary will file or docket anything.
Frequently Asked Questions
What does my complaint need to say to start a Summary Proceeding?
It must state prominently on the first page that Summary Proceedings are requested, along with the amount in controversy, a statement that a party is a Delaware citizen, corporation, or other business entity, and a statement that the defendant agreed to the Court's jurisdiction for Summary Proceedings, with proof of that agreement attached.
How fast does the complaint have to reach the defendant?
Rule 125(a)(2) requires next-day delivery, sent either to the person the parties' agreement designates for notice or, absent that, to each defendant's principal place of business or residence.
Can a case already pending in another court become a Summary Proceeding?
Yes. Rule 125(b) allows transfer or conversion, with the parties' consent (and the transferor court's consent if required), for any action that could have been brought as a Summary Proceeding to begin with.
What happens after a case transfers or converts into a Summary Proceeding?
The Court holds a conference within 15 days of the transfer or conversion and sets a schedule that tracks these Rules as closely as feasible, generally incorporating the record from the earlier proceeding.
Do I need to pay a filing fee?
Yes. Rule 125(c) requires the fee before the Prothonotary will file or docket anything, and it's subject to Rule 54's cost provisions.
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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