(a) Except where a rule to show cause is required by statute, any matter of the type heretofore brought before the Court by rule to show cause shall be initiated by motion after a complaint or petition has been filed and may be presented ex parte with respect to any person who has not appeared in the case. The order shall set forth the time of the hearing, the time for serving and filing notice of intention to appear at the hearing, and shall direct service of the motion and order upon the person named in the motion, and may require the filing of an answer or responsive pleading and/or personal attendance at the hearing. A copy of the motion and order shall be served upon the person named in the order in the manner provided for service of summons. The order may, upon appropriate showing, provide for notice by publication.
Rule 64.1.Orders for hearing or rules to show cause
Part VIII: Provisional and Final Remedies and Special Proceedings · Last amended April 15, 1978 · Last verified July 28, 2026
In one sentenceRule 64.1 replaces the old rule-to-show-cause practice with a motion filed after a complaint or petition, requiring the Court's order to set a hearing time, notice-of-intent deadlines, and service on the person named, while reserving true rules to show cause for matters a statute specifically requires.
Full Text of Rule 64.1
(b) A rule to show cause may be issued only where required by statute. An order for a rule to show cause shall set forth the return date and time thereof, and shall require the respondent to answer or otherwise plead at or before the return date and time. The order shall also state whether or not a hearing upon the rule will be held at the return date and time and, if not, what action the Court contemplates will be taken.
Amendment History
Added, effective Feb. 28, 1963; amended, effective Apr. 15, 1978.
Plain-English Summary
Rule 64.1(a) converts what used to go before the Court by rule to show cause into ordinary motion practice, filed after a complaint or petition is on file. The motion can be presented ex parte against anyone who hasn't yet appeared in the case. Whatever order the Court enters on that motion has to set the hearing time, the deadline for serving and filing a notice of intention to appear, and a direction that the motion and order be served on the named person the way a summons is served. The order can also require an answer or other responsive pleading, personal attendance at the hearing, or both, and, on an appropriate showing, can allow notice by publication.
Rule 64.1(b) keeps the true rule to show cause alive, but only where a statute requires it. That order has to set the return date and time, require the respondent to answer or otherwise plead at or before then, and state whether a hearing will happen at the return date or, if not, what the Court plans to do instead.
Frequently Asked Questions
Can I still bring a matter before the Superior Court by rule to show cause?
Only where a statute requires it. Rule 64.1(b) reserves the rule to show cause for those statutory matters; everything that used to be brought that way otherwise now goes forward as a motion under Rule 64.1(a).
What must an order on a Rule 64.1(a) motion include?
It must set the time of the hearing and the time for serving and filing a notice of intention to appear, and direct that the motion and order be served on the named person the way a summons is served. It may also require an answer or responsive pleading, personal attendance, or both.
Can a Rule 64.1 motion be brought against someone who hasn't appeared in the case yet?
Yes. Rule 64.1(a) allows the motion to be presented ex parte with respect to any person who has not appeared in the case.
What has to be in an order for a rule to show cause under Rule 64.1(b)?
The order must set forth the return date and time, require the respondent to answer or otherwise plead at or before then, and state whether a hearing will be held at the return date or, if not, what action the Court contemplates taking.
Can notice under Rule 64.1 be given by publication?
Rule 64.1(a) allows the order to provide for notice by publication upon an appropriate showing.
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: rule to show cause delawareorder for hearing delaware civil ruleex parte motion delaware superior courtrule 64.1 delawarenotice of intention to appear delaware