There shall be one form of action to be known as “civil action.”
Rule 2.One form of action
Part I: Scope of Rules — One Form of Action · Not amended since adoption on record · Last verified July 28, 2026
In one sentenceRule 2 states in a single sentence that Delaware's Superior Court recognizes one form of action, called a "civil action," rather than separate procedural forms for different kinds of claims.
Full Text of Rule 2
Plain-English Summary
Rule 2 is one line: there shall be one form of action, known as a civil action. Whatever a claim is founded on, it moves forward in Superior Court under that single label. The rule carries no history of amendment; it has read this way since the current rules took effect.
Older systems of civil procedure sorted claims into distinct forms, each with its own pleading requirements and its own name, and a party who picked the wrong form could lose a case on that technical ground alone before a court ever reached the merits. Rule 2 removes that layer. A person filing suit in Delaware Superior Court files a civil action, full stop, without first sorting the claim into a named category of action.
That simplicity supports the goal Rule 1 sets: a just, speedy, and inexpensive determination of every proceeding. One uniform label for every civil claim means the parties spend their time on the substance of the dispute rather than arguing over which procedural form it belongs in.
Frequently Asked Questions
What is a "civil action" under Delaware Rule 2?
It's the single form of action Rule 2 recognizes for Superior Court proceedings. Rule 2 states there shall be one form of action, to be known as a civil action, rather than separate named forms for different kinds of claims.
Do I need to identify a specific form of action when I sue in Delaware Superior Court?
No. Rule 2 does away with separate forms of action; every civil claim proceeds as a civil action.
Has Rule 2 ever been amended?
No. Its History line reads "(none on record)," meaning the rule has no recorded amendments.
How does Rule 2 connect to Rule 1's goal of a just, speedy, and inexpensive result?
By collapsing every kind of civil claim into one form of action, Rule 2 removes a technical dispute over which procedural label applies, which supports Rule 1's directive to reach a just, speedy, and inexpensive determination.
Where do I file the papers that start a civil action in Delaware?
Rule 2 itself doesn't address filing; Rule 3 sets out how a civil action is commenced.
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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