Rule 131.Application to Court for modification of Rules

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 131 lets the parties to a Summary Proceeding modify most of Rules 124 through 131 by agreement, with the Court's approval, but carves out Rules 129 and 130 — the briefing and trial schedule — as the two provisions the parties can't rewrite on their own.

Full Text of Rule 131

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These Rules, other than Rules 129 and 130, may be modified by agreement of all parties with the approval of the Court.

Amendment History

Added, effective Apr. 1, 1994.

Plain-English Summary

Rule 131 gives the parties flexibility, but not unlimited flexibility. These Rules — meaning Rules 124 through 131 — can be modified by agreement of all parties, so long as the Court approves. That covers most of the mechanics of a Summary Proceeding: the pleading deadlines in Rule 126, the discovery calendar in Rule 127, the transfer and filing procedures in Rule 125.

The exception is the pair the rule names outright: Rules 129 and 130. Those govern the optional briefing procedure and the trial itself — the phase of the case where the Court decides the merits — and Rule 131 keeps them off the table for party modification. Whatever else the parties agree to reshape, the trial and decision schedule stays fixed unless a rule like Rule 130(d) itself provides the flexibility.

Frequently Asked Questions

Can the parties agree to change the discovery deadlines in a Summary Proceeding?

Yes, with the Court's approval. Rule 131 allows agreement to modify Rules 124 through 131, and Rule 127's discovery calendar isn't among the two rules excluded from that flexibility.

Which rules can't the parties modify by agreement?

Rules 129 and 130 — the optional briefing procedure and the trial rule — are excluded from Rule 131's modification power.

Does the Court have to approve a party agreement to modify these rules?

Yes. Rule 131 conditions any modification on the Court's approval, not just the parties' agreement.

Why are Rules 129 and 130 treated differently from the rest of Part XV?

They govern how the case gets decided — through briefing or trial — and Rule 131 keeps that core decision-making schedule outside what the parties can privately rewrite.

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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