(a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is served under the provisions of Rule 14; and a third-party answer, if a third- party complaint is served. No other pleading shall be allowed, except that the Court may order a reply to an answer or a third-party answer.
Rule 7.Pleadings allowed; form of motions
Part III: Pleadings and Motions · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 7 lists the only pleadings a Delaware civil case allows -- complaint, answer, reply to a counterclaim, cross-claim answer, and third-party complaint and answer -- bars any other pleading without a court order, sets the writing and format requirements for motions, and abolishes demurrers and pleas.
Full Text of Rule 7
(b) Motions and other papers.
(1) An application to the Court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. A motion or other paper shall be filed without backer.
(2) The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these Rules.
(3) All motions shall be signed in accordance with Rule 11.
(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
(d) Size of pleadings, motions and other papers. Pleadings, motions and other papers shall be typewritten upon opaque, unglazed, white paper approximately 81/2″ x 11″ in size.
Amendment History
Amended, effective Jan. 1, 1965; Mar. 1, 1983; Nov. 1, 1984; Jan. 2, 1985; Jan. 1, 1991.
Plain-English Summary
Rule 7(a) fixes a short, closed list of pleadings: a complaint and answer, a reply to a counterclaim, an answer to a cross-claim when the answer raises one, and a third-party complaint and answer when someone new gets pulled into the case under Rule 14. Nothing else is allowed unless the court orders it -- a party can't file a reply to an answer just because it wants the last word.
Rule 7(b) covers motions. Any request for a court order has to come by motion, and unless it's made during a hearing or trial, that motion must be in writing, state its grounds with particularity, and spell out the relief sought. A written notice of the hearing can double as that writing. Motions follow the same captioning and signature rules as pleadings, and Rule 11 governs who signs them.
Rule 7(c) abolishes an older layer of practice outright: demurrers, pleas, and exceptions for insufficiency of a pleading are gone from Delaware civil procedure. A party who thinks a pleading is legally deficient raises that through a motion instead, typically under Rule 12. Rule 7(d) closes with the physical requirements -- pleadings, motions, and other papers must be typewritten on opaque, unglazed white paper roughly 8 1/2 by 11 inches.
Frequently Asked Questions
What pleadings does Delaware allow in a civil case?
Rule 7(a) allows a complaint and answer, a reply to a counterclaim, an answer to a cross-claim contained in the answer, and a third-party complaint and answer when a new party is brought in under Rule 14. No other pleading is permitted unless the court orders it.
Can I file a reply to the defendant's answer?
Only if the court orders one. Rule 7(a) doesn't give a party the right to file a reply to an answer on its own.
What has to be in a written motion under Rule 7?
Rule 7(b) requires the motion to state its grounds with particularity and set forth the relief or order sought. A written notice of the hearing on the motion can satisfy the writing requirement.
Can I still file a demurrer in Delaware Superior Court?
No. Rule 7(c) states that demurrers, pleas, and exceptions for insufficiency of a pleading aren't used. A challenge to a pleading's sufficiency goes through a motion, such as one under Rule 12.
What paper and format do pleadings need to follow?
Rule 7(d) requires pleadings, motions, and other papers to be typewritten on opaque, unglazed, white paper approximately 8 1/2 by 11 inches.
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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