(a) Submissions without witnesses. If the parties elect to forego witnesses at trial and submit briefs pursuant to Rule 129, trial shall consist of oral argument, or submission on briefs if oral argument is waived by the parties with the consent of the Court, to be scheduled and held by the Court within one week of the close of briefing pursuant to Rule 129.
Rule 130.Trial
Part XV: Rules Governing Actions Subject to Summary Proceedings for Commercial Disputes · Last amended April 1, 2003 · Last verified July 28, 2026
In one sentenceRule 130 schedules the trial phase of a Summary Proceeding — oral argument within a week of Rule 129 briefing if witnesses are waived, or a witness trial capped at five days if they're not — and lets the Court's decision deadlines stretch only if the assigned judge certifies real complexity or caseload strain.
Full Text of Rule 130
(b) Witnesses. If the parties elect to present live witnesses at trial, the trial shall be scheduled to begin between thirty and sixty days after the close of discovery. Within thirty days after the close of discovery, the parties shall provide the Court with an agreed upon pre-trial order. The pre-trial order shall include a summary of the claims or defenses of each party, a list of the witnesses each party expects to introduce at trial, a list of the exhibits each party intends to introduce at trial and any objections thereto, a description of any other evidentiary disputes, a statement of facts not in dispute and a statement of disputed issues of fact. Absent contrary Court order, the trial shall be limited to five days, which shall be allocated equitably between the parties. Within ten days of the close of trial, each party shall file a post-trial brief including proposed findings of fact and conclusions of law. Each brief shall not exceed fifty pages.
(c) Decision after trial. Within thirty days after the filing of the final brief, if no oral argument occurs, or within thirty days of argument if oral argument occurs, the Court will either render to the parties its decision after trial or will provide the parties an estimate of when the decision will be rendered. Such additional time shall not normally exceed an additional thirty days unless the assigned judge shall have filed a certification pursuant to Rule 130(d).
(d) Extensions. The schedule for trial or decision after trial or on motion to dismiss shall not be extended unless the assigned judge certifies that:
(1) The demands of the case and its complexity make the schedule under this Rule incompatible with serving the ends of justice; or
(2) The trial cannot reasonably be held or the decision rendered within such time because of the complexity of the case or the number or complexity of pending criminal cases.
Amendment History
Added, effective Apr. 1, 1994; amended, effective Apr. 1, 2003.
Plain-English Summary
Rule 130(a) closes the loop on Rule 129: if the parties elected to submit the case on briefs, the Court schedules oral argument — or a decision on the briefs alone, if the parties waive argument and the Court agrees — within one week of the close of that briefing.
Rule 130(b) covers cases that go to trial with live witnesses. Trial is scheduled to begin thirty to sixty days after discovery closes. Thirty days after discovery closes, the parties submit an agreed pretrial order covering their claims and defenses, trial witnesses, trial exhibits and any objections to them, other evidentiary disputes, and which facts are and aren't in dispute. Absent a contrary Court order, the trial itself is capped at five days, split equitably between the parties, and within ten days of the close of trial each side files a post-trial brief — capped at fifty pages — with proposed findings of fact and conclusions of law.
Rule 130(c) puts the Court on its own clock: within thirty days of the final post-trial brief, or thirty days of oral argument if the parties argue, the Court issues its decision or tells the parties when to expect one. Rule 130(d) is the only escape valve, for that deadline and the analogous ones in Rule 126(c): the assigned judge has to certify either that the case's demands and complexity make the schedule incompatible with the ends of justice, or that the complexity of the case, or the volume of pending criminal cases, makes it unrealistic to hold the trial or render the decision on time.
Frequently Asked Questions
How soon after discovery closes does a Summary Proceedings trial start?
Between thirty and sixty days after the close of discovery, under Rule 130(b), if the parties present live witnesses.
Is there a cap on how long the trial itself can run?
Yes. Absent a contrary Court order, trial is limited to five days, allocated equitably between the parties.
What has to be in the pretrial order?
A summary of each party's claims or defenses, witness and exhibit lists with any objections, a description of other evidentiary disputes, and statements of undisputed and disputed facts — due thirty days after discovery closes.
How long after trial do I have to submit a post-trial brief?
Ten days after the close of trial, and the brief — including proposed findings of fact and conclusions of law — can't exceed fifty pages.
Can the Court's decision deadline be extended?
Only if the assigned judge certifies, under Rule 130(d), that the case's complexity makes the standard schedule incompatible with the ends of justice, or that the case's complexity or the court's criminal caseload makes the deadline unrealistic.
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 commercial disputes trial schedule5 day trial cap delaware business courtpretrial order deadline delaware summary proceedingspost trial brief page limit delaware