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 145 sets CCLD motion practice: every motion must be in writing with numbered paragraphs, caps a briefed motion's opening brief at 500 words (limited to Rules 12, 41, and 56 motions) or an unbriefed motion at 3,000 words, and sets a default seven-day opposition and five-day reply schedule.
(a)In General. Except where provided elsewhere, a request for a Court order must be made by motion. Unless made during a hearing or trial, a motion must be made in writing.
Form and Content. A written motion, opposition, or reply must contain numbered paragraphs and should attach a form of order providing for the relief sought.
(1)Any written motion the movant will be supporting with an opening brief may not exceed 500 words. The opening brief must be filed with the motion. Briefs may only be filed with motions under Rules 12, 41, and 56 of the Superior Court Civil Rules. Briefing on such motions shall be governed by Superior Court Civil Rule 146.
(2)Any written motion the movant will not be supporting with an opening brief may not exceed 3,000 words. The opposition to the motion may not exceed 3,000 words. The reply may not exceed 2,000 words. No other submissions containing argument may be filed unless the Court permits.
(3)The caption, title, signature block, and any markings included for purposes of filing under seal under Superior Court Civil Rule 5 do not count toward the word limitations.
(c)Default Schedule. Unless otherwise agreed on by the parties in writing or ordered by the Court, any opposition to a written motion must be filed within seven days of the motion, and any reply must be filed within five days of the opposition.
Amendment History
Adopted, Mar. 13, 2026, effective Mar. 20, 2026.
Plain-English Summary
Rule 145(a) requires any request for a Court order to come by motion, written unless made during a hearing or trial, with numbered paragraphs and, where possible, an attached form of order. Rule 145(b) then splits motions into two tracks by length. A motion the movant will support with an opening brief can't exceed 500 words, and that brief has to be filed with the motion, but briefs are allowed only on motions under Rules 12, 41, and 56 of the Superior Court Civil Rules, with the briefing schedule itself governed by Rule 146. A motion without an opening brief instead gets up to 3,000 words, with a matching 3,000-word cap on the opposition and a 2,000-word cap on the reply, and no further argumentative submissions unless the Court allows them. Neither the caption, the title, the signature block, nor any under-seal markings under Rule 5 count toward either word limit.
Rule 145(c) supplies the default timing when the parties haven't agreed otherwise and the Court hasn't ordered a different schedule: an opposition is due within seven days of the motion, and a reply is due within five days of the opposition.
Frequently Asked Questions
How long can a motion be in a Delaware CCLD case?
Rule 145(b) caps a motion supported by an opening brief at 500 words, while a motion without an opening brief may run up to 3,000 words, with a matching 3,000-word cap on the opposition and 2,000 words on the reply.
Can I file a brief with any motion in the CCLD?
No. Rule 145(b)(1) allows briefs only with motions under Rules 12, 41, and 56 of the Superior Court Civil Rules, and briefing on those motions is governed by Rule 146.
How much time do I have to oppose a motion in a CCLD case?
Rule 145(c) sets a default of seven days from the motion, and five days from the opposition for any reply, unless the parties agree in writing or the Court orders a different schedule.
Do the caption and signature block count toward the word limit on a CCLD motion?
No. Rule 145(b)(3) excludes the caption, title, signature block, and any under-seal markings from the word-count limitations.
Does a CCLD motion have to be in writing?
Rule 145(a) requires a written motion unless it is made during a hearing or trial, and it must contain numbered paragraphs and should attach a proposed form of order.
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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