Rule 6.Time
Part II: Commencement of Action; Service of Process, Pleadings, Motions and Orders; Deposit and Security for Costs · Last amended September 4, 2014 · Last verified July 28, 2026
Full Text of Rule 6
Amendment History
Amended, effective May 11, 1950; Jan. 1, 1965; May 31, 1965; Oct. 15, 1980; Jan. 1, 1991; Sept. 4, 2014.
Plain-English Summary
Rule 6(a) sets the counting method for any deadline, whether it comes from the rules, a court order, or a statute: skip the day of the triggering act or event, then start counting. The last day counts too, unless it falls on a Saturday, Sunday, legal holiday, or any day the Prothonotary's office happens to be closed, in which case the deadline pushes to the next day the office is open. When the prescribed period runs less than 11 days, intermediate Saturdays, Sundays, and legal holidays are dropped from the count instead of just shifting the final day.
Rule 6(b) gives the Court room to extend most deadlines for cause shown. A request made before the original period expires can be granted with or without a motion or notice. Once the period has already run out, the party has to show excusable neglect. That flexibility stops at a defined list, though — the Court can't extend the time to act under Rules 50(b), 59(b), 59(d), 59(e), or 60(b), except to whatever extent those rules allow on their own terms, because those deadlines govern challenges to a judgment after trial.
Rule 6(d) requires a written motion, other than one that may be heard ex parte, and notice of the hearing to be served no later than 2 days before the hearing, unless these rules or a court order set a different period; the Court can shorten that on an ex parte application for cause. An affidavit supporting the motion has to be served with it, and opposing affidavits generally have to be served no later than 1 day before the hearing, unless the Court allows a different schedule.
Rule 6(e) adds 3 days to a deadline that runs from service by mail, but only for actions the parties take — it doesn't extend a deadline for something the Court itself has to do. Rule 6(c), which once addressed the opening and closing of a court's term, has been repealed, so none of this depends on the court calendar's own schedule.
Frequently Asked Questions
How do I count a filing deadline under the Delaware Superior Court rules?
Rule 6(a) says to skip the day of the triggering event and start counting the next day. The last day counts unless it falls on a Saturday, Sunday, legal holiday, or a day the Prothonotary's office is closed, in which case the deadline moves to the next day the office is open.
Can a Delaware judge extend a deadline I already missed?
Rule 6(b) allows it on motion made after the deadline passed, if the failure to act on time was the result of excusable neglect. A request made before the original deadline expires can be granted for cause shown, with or without a motion.
Are there deadlines a Delaware court cannot extend, no matter the excuse?
Yes. Rule 6(b) bars the Court from extending the time to act under Rules 50(b), 59(b), 59(d), 59(e), and 60(b), except to whatever extent those rules themselves allow.
If a paper is mailed to me, do I get extra time to respond?
Rule 6(e) adds 3 days to a deadline that runs from service by mail, though this addition applies only to actions taken by parties, not to actions the Court itself takes.
How much notice do I need to give before a motion hearing in Delaware Superior Court?
Rule 6(d) requires a written motion and notice of the hearing to be served no later than 2 days before the hearing, unless these rules or a court order set a different period.