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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

In one sentenceRule 6 tells parties how to count any deadline set by the rules, a court order, or a statute, gives the court discretion to enlarge most deadlines for cause, and adds three days to a deadline that runs from service by mail.

Full Text of Rule 6

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Computation. In computing any period of time prescribed or allowed by these Rules, by order of court, or by statute, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday or Sunday, or other legal holiday, or other day on which the office of the Prothonotary is closed, in which event the period shall run until the end of the next day on which the office of the Prothonotary is open. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and other legal holidays shall be excluded in the computation. As used in this rule, “legal holidays” shall be those days provided by statute or appointed by the Governor or the Chief Justice of the State of Delaware.
(b) Enlargement. When by these Rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the Court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b), 52(b) [omitted], 59(b), (d) and (e), 60(b), except to the extent and under the conditions stated in them.
(c) Unaffected by expiration of term. [Repealed.]
(d) For motions — Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 2 days before the time specified for the hearing, unless a different period is fixed by these Rules or by order of the Court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the Court permits them to be served at some other time.
(e) Additional time after service by mail. Whenever a party has the right to or is required to do some act or take some proceeding within a prescribed period after being served and service is by mail, 3 days shall be added to the prescribed period. The additional 3-day period applies only to actions taken by parties and does not apply to actions taken by the Court.

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.

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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