Part X: The Superior Court; Prothonotaries · Last amended September 4, 2014 · Last verified July 28, 2026
In one sentenceRule 78 fixes motion days for each Delaware county unless the court orders otherwise, caps motions and opposition responses at six pages in a required format, and limits oral argument to hearings the court itself schedules.
(a)Motion days. Unless otherwise ordered by the Court, motions shall be held by the Court as follows:
(1)New Castle County. Motions in cases assigned to a Judge shall be presented as directed by the Judge. All other motions shall be presented to the Court on Fridays at 1:30 p.m.
(2)Kent County. Motions in cases assigned to a Judge shall be presented as directed by the Judge. All other motions, except motions assigned to a Commissioner, shall be presented to the Court on Fridays at 11 a.m. Motions assigned to a Commissioner shall be heard on Thursday at 2:00 p.m.
(3)Sussex County. Motions in cases assigned to a Judge shall be presented on the 1st and 3rd Fridays of each month at 11:00 a.m.
(b)Motions. Motions shall not exceed 6 pages in length on paper approximately 81/2 inches by 11 inches in size. Responses in opposition to any motion shall be filed no later than four days prior to the hearing on the motion and shall not exceed 6 pages in length on paper approximately 81/2 inches by 11 inches in size. All motions and responses must be double spaced and typeset in Times New Roman 14-point type with two spaces between sentences. Case names shall be italicized or underlined. Footnotes shall be single- spaced and typeset in Times New Roman 12-point type with two spaces between sentences.
(c)Oral argument. There will be no oral argument unless scheduled by the Court, except as may be otherwise expressly provided by statute or rule.
(d)Scheduling. Arguments scheduled will be scheduled as to date and time by the assigned judge.
Unless the court orders otherwise, Rule 78 fixes when motions get heard, and the schedule varies by county. In New Castle County, a motion in a case assigned to a judge goes forward as that judge directs, while every other motion comes up on Fridays at 1:30 p.m. Kent County follows the same judge-assigned pattern, with other motions heard Fridays at 11 a.m. — except motions assigned to a Commissioner, which are heard Thursdays at 2:00 p.m. Sussex County hears motions assigned to a judge on the first and third Fridays of each month at 11:00 a.m.
Motions themselves are short by design. Rule 78(b) caps a motion at 6 pages on paper approximately 8½ by 11 inches, and a response in opposition faces the same 6-page limit and has to be filed no later than four days before the hearing. Both the motion and the response must be double spaced, set in Times New Roman 14-point type with two spaces between sentences, with case names italicized or underlined; footnotes drop to single-spaced, 12-point Times New Roman.
Oral argument isn't automatic. Rule 78(c) holds it back unless the court schedules it, or unless a statute or rule expressly calls for it. When argument is scheduled, the assigned judge sets the date and time.
Frequently Asked Questions
When are motions heard in New Castle County under Rule 78?
Rule 78(a)(1) sends a motion in a judge-assigned case forward as that judge directs; every other motion in New Castle County is presented to the Court on Fridays at 1:30 p.m.
How long can a motion or a response in opposition be?
Rule 78(b) caps both a motion and a response in opposition at 6 pages on paper approximately 8½ by 11 inches in size.
How soon before the hearing must I file my response to a motion?
Rule 78(b) requires a response in opposition to be filed no later than four days before the hearing on the motion.
Will the court hold oral argument on my motion?
Only if the court schedules it, or a statute or rule expressly requires it. Rule 78(c) states there's no oral argument otherwise.
What font and formatting do Rule 78 motions require?
Double-spaced Times New Roman 14-point type with two spaces between sentences, italicized or underlined case names, and single-spaced 12-point Times New Roman footnotes.
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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