(a) In the following matters the procedure shall conform to these Rules so far as practicable and to the extent that this will not contravene any applicable statute; otherwise, the procedure in such matters shall remain as heretofore: Boundaries Change of name Condemnation and eminent domain Contested elections Ditches Dower Drainage Ejectment Escheat Extinguishment of ground rent Habeas corpus Insolvency Mandamus Mills Prohibition Quo warranto Satisfaction of mortgages and judgments Waste Wrecks
Rule 81.Applicability in special proceedings
Part XI: General Provisions · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 81 lists special proceedings — including boundaries, condemnation, habeas corpus, mandamus, and quo warranto — where these Rules of Civil Procedure apply only so far as practicable and only where doing so won't contravene an applicable statute, leaving the older procedure in place otherwise.
Full Text of Rule 81
Amendment History
Amended, effective March 5, 1948; May 14, 1962; Oct. 15, 1980; Jan. 1, 1991.
Plain-English Summary
Rule 81(a) names a set of proceedings that don't automatically follow the ordinary rules of civil procedure: boundaries, change of name, condemnation and eminent domain, contested elections, ditches, dower, drainage, ejectment, escheat, extinguishment of ground rent, habeas corpus, insolvency, mandamus, mills, prohibition, quo warranto, satisfaction of mortgages and judgments, waste, and wrecks.
For each of those matters, the civil rules apply only so far as practicable, and only to the extent applying them won't contravene an applicable statute. Where a governing statute already sets its own procedure, or where following these Rules wouldn't fit the proceeding, the procedure that existed before these Rules stays in place. Subsections (b) and (c) of Rule 81 have been repealed.
Frequently Asked Questions
Do the ordinary Rules of Civil Procedure apply to a condemnation or eminent domain proceeding in Delaware?
Rule 81(a) applies these Rules to condemnation and eminent domain matters only so far as practicable, and only where doing so won't contravene an applicable statute.
What other kinds of proceedings does Rule 81 single out?
Boundaries, change of name, contested elections, ditches, dower, drainage, ejectment, escheat, extinguishment of ground rent, habeas corpus, insolvency, mandamus, mills, prohibition, quo warranto, satisfaction of mortgages and judgments, waste, and wrecks.
What happens if applying the civil rules to one of these proceedings would conflict with a statute?
Rule 81(a) doesn't let the civil rules override a conflicting statute — where applying these Rules would contravene an applicable statute, the procedure that existed before these Rules governs instead.
What happened to Rule 81(b) and (c)?
Both have been repealed; only subsection (a) remains in force.
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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