Rule 146.CCLD briefs

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 146 applies the ordinary Rule 107 brief format to CCLD briefs and sets a default schedule of 30 days for a responsive brief and 15 days for a reply, with either party free to request oral argument after the opening brief.

Full Text of Rule 146

Text sizeJump to: (a) (b)

(a) Form. Superior Court Civil Rule 107 shall apply to all briefs filed in CCLD.

(b) Default Schedule and Argument. Unless otherwise agreed on by the parties in writing or ordered by the Court: (1) a responsive brief (with all supporting authority) shall be filed no later than 30 days after the filing of the opening brief, and (2) a reply brief shall be filed no later than 15 days after the response. Any party may request a hearing following the filing of an opening brief. The Court may grant the request or rule without a hearing.

Amendment History

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

Plain-English Summary

Rule 146(a) keeps CCLD briefing simple on form: Superior Court Civil Rule 107 governs the format of every brief filed in the CCLD, so there's no separate CCLD-specific formatting regime to learn. Rule 146(b) sets the default timing absent a different written agreement or court order -- a responsive brief, with all supporting authority, is due no later than 30 days after the opening brief, and a reply brief is due no later than 15 days after the response. Either party may ask for a hearing once the opening brief is filed, and the Court decides whether to hold one or rule on the papers alone.

Frequently Asked Questions

What format do CCLD briefs need to follow in Delaware?

Rule 146(a) applies Superior Court Civil Rule 107 to every brief filed in the CCLD, rather than setting a separate format.

How long do I have to file a responsive brief in a CCLD case?

Rule 146(b) sets a default of 30 days after the opening brief is filed, unless the parties agree otherwise in writing or the Court orders a different schedule.

How long do I have to file a reply brief in a CCLD case?

Rule 146(b) sets a default of 15 days after the responsive brief, absent a different written agreement or court order.

Am I entitled to oral argument on a CCLD brief?

Not automatically. Rule 146(b) lets any party request a hearing after the opening brief is filed, but the Court may grant the request or rule without a hearing.

Does the CCLD have its own brief-formatting rule separate from the rest of the Superior Court Civil Rules?

No. Rule 146(a) expressly applies the existing Rule 107 format to CCLD briefs rather than creating a new one.

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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