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Rule 18.Joinder of claims and remedies

Part IV: Parties · Last amended January 1, 1991 · Last verified July 28, 2026

In one sentenceRule 18 lets a party bring every claim it has against an opposing party in one action, whether the claim is an original claim, a counterclaim, a cross-claim, or a third-party claim, and whether the claims stand on their own or as alternatives to each other.

Full Text of Rule 18

Text sizeJump to: (a) (b)

(a) Joinder of claims. A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims as the party has against an opposing party.

Amendment History

Amended, effective Jan. 1, 1970; Jan. 1, 1991.

Plain-English Summary

Rule 18(a) is broad by design: a party asserting a claim for relief — as an original claim, a counterclaim, a cross-claim, or a third-party claim — may join as many claims as it has against an opposing party, whether those claims are independent of one another or presented as alternatives. Nothing in the rule requires the joined claims to arise from the same transaction or share a common question; the rule lets a party gather every claim it holds against the same opponent into one action.

That reach extends across the different claim types a Delaware civil case can generate. A plaintiff can join unrelated claims in the original complaint, a defendant can join multiple counterclaims, and the same joinder freedom applies to cross-claims between co-parties and to third-party claims once someone is brought into the case.

Rule 18 answers a narrower question than it might first appear to. It governs which claims a party can join once the parties themselves are already in the case together — it doesn't address whether new parties can be added. That's the province of Rules 19 and 20.

Frequently Asked Questions

Can I bring more than one claim against the same defendant in one Delaware lawsuit?

Yes. Rule 18(a) lets a party join as many claims as it has against an opposing party, whether those claims are independent of each other or presented as alternatives.

Do the claims I join under Rule 18 have to relate to each other?

No. Rule 18(a) doesn't require the joined claims to share a common transaction, occurrence, or question of law or fact — a party may join any claims it has against the opposing party.

Does Rule 18 apply to counterclaims and cross-claims, not just the original complaint?

Yes. Rule 18(a) covers claims asserted as an original claim, a counterclaim, a cross-claim, or a third-party claim.

Can I plead alternative or inconsistent claims under Rule 18?

Yes. Rule 18(a) expressly allows claims to be joined as alternate claims, not only as independent ones.

Does joining claims under Rule 18 also let me add new parties to the case?

No. Rule 18 governs which claims a party can join against an opposing party already in the case; joining additional parties is governed by Rules 19 and 20.

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
Also known as: joinder of claims delawarecombining claims in one lawsuit delawarealternative claims delaware civil rulerule 18 delaware civil proceduremultiple claims same defendant delaware