These Rules will take effect on January 1, 1948, that being 6 months after their promulgation, pursuant to the provisions of 34 Laws of Del., Chap. 226, pp. 531, 532; Rev. Code of Del. (1935) Sec. 4643. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the Court their application in a particular action pending when the Rules take effect would not be feasible or would work injustice, in which event the former procedure applies. Effective date of amendments. These amendments1. are adopted and shall take effect on January 1, 1965. They govern all proceedings in actions brought after they take effect and also further proceedings in actions then pending, except to the extent that in the opinion of the Court their application in a particular action pending when the amendments take effect would not be feasible or would work injustice, in which event the former procedure applies. These amendments2. are adopted and shall take effect on January 1, 1991. They govern all proceedings and actions brought after they take effect and also all further proceedings in actions then pending except to the extent that in the opinion of the Court their application in a particular action pending when the amendments take effect would not be feasible or would work injustice, in which event the former procedure applies. (Amended, effective Jan. 1, 1965; Jan. 1, 1991.) 1. Civil Rules 5(a), 6, 7(a), 13(a), 14(a), 15(d), 24(c), 26(e), 28(b), 30(f)(1), 41(b), 49(b), 50, 51, 56(c)(e), 58, 77(d), 78-80 and Criminal Rules 16, 30(a) and 39. 2. Civil Rules 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 16.1, 17, 18, 19, 20, 22, 24, 25, 26, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 43, 44, 44.1, 45, 46, 49, 50, 51, 55, 56, 58.1, 58.2, 58.3, 59, 60, 62, 63, 65.1, 68, 69, 72, 77, 79, 81, 85, 86, 87, 88, 90.1, 112, 114, 116, 117, 118, 120, 121, 122, 123.
Rule 86.Effective date
Part XI: General Provisions · Not amended since adoption on record · Last verified July 28, 2026
In one sentenceRule 86 sets the original January 1, 1948 effective date for the Superior Court Rules of Civil Procedure, plus later effective dates in 1965 and 1991 for amendment packages, and applies each version to pending and future cases unless that would be infeasible or unjust.
Full Text of Rule 86
Plain-English Summary
Rule 86 fixes when the Superior Court Rules of Civil Procedure started governing cases. The original rules took effect January 1, 1948 — six months after their promulgation under 34 Laws of Del., Chapter 226, and the 1935 Revised Code — and from that date forward they govern every action filed after that point, plus every further proceeding in a case already pending. The one exception: if applying the new rules to a specific pending action wouldn't be feasible, or would work an injustice, the court can let the older procedure control that action instead.
Rule 86 repeats that same structure for two later waves of amendments. A set of amendments took effect January 1, 1965, touching more than a dozen civil rules — among them Rules 50, 51, and 58 — plus several criminal rules, under the identical feasibility-and-injustice exception for pending cases. A far broader set of amendments took effect January 1, 1991, reaching more than forty rules, from Rule 3 through Rule 90.1, again under the same exception for cases already pending when the amendments took effect.
Frequently Asked Questions
When did the Superior Court Rules of Civil Procedure first take effect?
January 1, 1948, six months after their promulgation.
Does a new amendment automatically apply to my case if it was already pending?
Generally yes — Rule 86 applies each set of amendments to further proceedings in pending actions too, unless the court finds that applying the amendment to a particular pending action wouldn't be feasible or would work an injustice, in which case the former procedure controls that action.
What amendments took effect in 1965?
A set touching more than a dozen civil rules — including Rules 50, 51, and 58 — along with several criminal rules.
What amendments took effect in 1991?
Where does the original 1948 effective date come from?
Rule 86 ties it to 34 Laws of Del., Chapter 226, and the 1935 Revised Code of Delaware, six months after the rules' promulgation.
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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