Rule 144.Additional procedures for filing discovery motions in CCLD

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 144 requires a certification of counsel before any Rule 26(c), 26(d), or 37 discovery motion can be filed in the CCLD, confirming a reasonable effort -- including oral communication between Delaware counsel on each side -- was made to resolve the dispute first.

Full Text of Rule 144

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Presentation of Motions. All motions which are filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules, with the exception of motions filed during the pendency of an oral deposition, shall be presented to the Court as follows:

No motion shall be filed pursuant to Rule 26(c), 26(d) or 37 of the Superior Court Civil Rules, and no such motion shall be accepted by the Prothonotary, unless such motion shall be accompanied by a certification of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion, detailing the dates, time spent, and method of communication in attempting to reach agreement, provided that the certification shall not be required for motions filed pursuant to Rule 37(d) of the Superior Court Civil Rules. Unless otherwise ordered, failure to so certify may result in dismissal of the motion. For purposes of this Rule, “a reasonable effort” must include oral communication that involves Delaware counsel for any moving party and Delaware counsel for any opposing party.

Amendment History

Adopted, Mar. 13, 2026, effective Mar. 20, 2026.

Plain-English Summary

Rule 144 adds one CCLD-specific gate in front of discovery motions. Before a party can file a motion under Rule 26(c), 26(d), or 37 of the Superior Court Civil Rules, other than one filed during an oral deposition, counsel for the moving party has to certify that a reasonable effort was made to reach agreement with the opposing side on what the motion covers. That certification isn't optional paperwork: the Prothonotary can't accept the motion without it, and the rule spells out what a reasonable effort requires, oral communication between Delaware counsel for the moving party and Delaware counsel for the opposing party, not just an exchange of letters or emails between out-of-state lawyers.

The rule carries one exception: motions under Rule 37(d), which covers a party's failure to attend its own deposition or answer interrogatories, don't need this certification. For every other Rule 26(c), 26(d), or 37 motion, failing to certify can result in the motion being dismissed unless the Court orders otherwise.

Frequently Asked Questions

Do I need to confer with opposing counsel before filing a discovery motion in the CCLD?

Yes. Rule 144 requires a certification that a reasonable effort was made to reach agreement before filing a motion under Rule 26(c), 26(d), or 37 of the Superior Court Civil Rules.

What counts as a "reasonable effort" under Rule 144?

Rule 144 requires oral communication that involves Delaware counsel for any moving party and Delaware counsel for any opposing party, not merely written correspondence.

What happens if I file a discovery motion without the required certification?

Rule 144 states the Prothonotary shall not accept the motion without the certification, and that unless otherwise ordered, failing to certify may result in dismissal of the motion.

Does this certification requirement apply to every discovery motion?

No. Rule 144 exempts motions filed under Rule 37(d) of the Superior Court Civil Rules, and it doesn't apply to motions filed during the pendency of an oral deposition.

Is written correspondence with opposing counsel enough to satisfy Rule 144?

No. Rule 144 requires the reasonable effort to include oral communication specifically involving Delaware counsel for the moving party and Delaware counsel for the opposing party.

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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