(a) These rules shall govern the procedure in the Superior Court of the State of Delaware in actions filed in the Court’s Complex Commercial Litigation Divisions (“CCLD”).
Rule 141.Scope of Complex Commercial Division Rules
Part XVII: Rules Governing Actions Filed in the Complex Commercial Litigation Division · Last amended March 20, 2026 · Last verified July 28, 2026
In one sentenceRule 141 defines which Superior Court cases qualify for assignment to Delaware's Complex Commercial Litigation Division (CCLD) -- generally a claim of $1 million or more, or a case tied to an exclusive choice-of-court agreement -- lists categories of cases excluded even if they clear that threshold, and sets the procedure for objecting to a case's CCLD designation.
Full Text of Rule 141
(b) Any case that includes a claim asserted by any party (direct or declaratory judgment) with an amount in controversy of $1 Million or more (designated in the pleadings for either jury or non-jury trials), or involves an exclusive choice of court agreement or a judgment resulting from an exclusive choice of court agreement, or is so designated by the President Judge, qualifies for assignment to the CCLD.
(c) Excluded cases include any case containing a claim for personal, physical or mental injury; mortgage foreclosure actions; mechanics' lien actions; condemnation proceedings; and any case involving an exclusive choice of court agreement where a party to the agreement is an individual acting primarily for personal, family, or household purposes or where the agreement relates to an individual or collective contract of employment.
(d) Identification of a qualifying case will be made by any party by stating the letters CCLD for the Civil Case Code and Complex Commercial Litigation for the Civil Case Type on the Case Information Statement. A party opposing identification of a case as a qualifying case will do so by motion filed before the Rule 16 scheduling conference, or at such other time as the assigned Panel Judge may direct. The filing of such a motion shall not affect the time for filing any pleading, motion, or required response under the Court's rules. If the assigned Panel Judge determines that the case is not a qualifying case, the Judge will notify the Prothonotary who will reassign the case within the appropriate Civil Case Type Category as determined by the Prothonotary.
(e) Unless otherwise expressly provided for in the CCLD Rules, the Superior Court Civil Rules shall continue to apply in all CCLD action.
Amendment History
Adopted, Mar. 13, 2026, effective Mar. 20, 2026.
Plain-English Summary
Rule 141 opens the CCLD rules by drawing the boundary around who has to follow them. These rules govern actions filed in the Superior Court's Complex Commercial Litigation Divisions, and Rule 141(b) sets the main gate: a case qualifies if any party asserts a direct or declaratory-judgment claim worth $1 million or more, whether the case is designated for a jury or non-jury trial, or if the case involves an exclusive choice-of-court agreement (or a judgment resulting from one), or if the President Judge designates it for the CCLD regardless of the dollar figure.
Rule 141(c) then carves out categories that don't belong in the CCLD even when the numbers would otherwise qualify: personal, physical, or mental injury claims, mortgage foreclosure actions, mechanics' lien actions, condemnation proceedings, and choice-of-court-agreement cases where a party is an individual acting for personal, family, or household purposes, or where the agreement concerns an individual or collective employment contract.
Rule 141(d) puts the identification burden on the filing party: mark the Civil Case Code as CCLD and the Civil Case Type as Complex Commercial Litigation on the Case Information Statement. A party who disagrees has to move to contest that designation before the Rule 16 scheduling conference, or whenever else the assigned Panel Judge allows, and filing that motion doesn't pause any pleading or response deadline. If the Panel Judge agrees the case doesn't qualify, the Prothonotary reassigns it to the right Civil Case Type Category. Rule 141(e) closes the loop: apart from what the CCLD Rules specifically change, the ordinary Superior Court Civil Rules keep applying in every CCLD case.
Frequently Asked Questions
What kind of case qualifies for Delaware's Complex Commercial Litigation Division?
Rule 141(b) sets the main threshold: a claim (direct or declaratory judgment) worth $1 million or more, for either a jury or non-jury trial, or a case involving an exclusive choice-of-court agreement or a judgment from one. The President Judge can also designate a case for the CCLD without regard to that threshold.
Can a case be kept out of the CCLD even if it meets the dollar threshold?
Yes. Rule 141(c) excludes personal, physical, or mental injury claims, mortgage foreclosure actions, mechanics' lien actions, condemnation proceedings, and choice-of-court-agreement cases involving an individual acting for personal, family, or household purposes or an individual or collective employment contract.
How do I challenge a case's designation as a CCLD case?
Rule 141(d) requires a motion filed before the Rule 16 scheduling conference, or at another time the assigned Panel Judge allows. The motion doesn't affect the deadline for any pleading, motion, or required response.
Does filing in the CCLD mean the ordinary Superior Court Civil Rules stop applying?
No. Rule 141(e) keeps the Superior Court Civil Rules in force for every CCLD action, except where the CCLD Rules themselves expressly say otherwise.
What happens if a Panel Judge agrees a case was wrongly marked as a CCLD case?
Rule 141(d) has the Panel Judge notify the Prothonotary, who then reassigns the case to the appropriate Civil Case Type Category.
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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