The assignment or transfer of cases by the Superior Court to the Court of Common Pleas, under Title 10, Chapter 13 of the Delaware Code, shall be by a certificate signed by a Judge of the Superior Court. The certificate shall include the caption of the case and shall direct the Prothonotary to deliver to the Clerk of the Court of Common Pleas the certificate, together with such of the original pleadings and exhibits, or true and correct copies thereof, as this Court shall direct.
Rule 87.1.Assignment of cases to the Court of Common Pleas
Part XI: General Provisions · Last amended March 15, 1979 · Last verified July 28, 2026
In one sentenceRule 87.1 lets a Superior Court judge transfer a case to the Court of Common Pleas under Title 10, Chapter 13 of the Delaware Code by a signed certificate stating the case caption and directing the Prothonotary to deliver that certificate with the relevant pleadings or exhibits.
Full Text of Rule 87.1
Amendment History
Added, effective Mar. 15, 1979.
Plain-English Summary
Rule 87.1 sets out the mechanics for sending a case from the Superior Court to the Court of Common Pleas under Title 10, Chapter 13 of the Delaware Code. A single Superior Court judge signs a certificate that includes the caption of the case, and that certificate directs the Prothonotary to deliver it, along with the original pleadings and exhibits or true and correct copies, as the Superior Court directs, to the Clerk of the Court of Common Pleas.
The certificate itself is lighter than the one Rule 87 requires for a Family Court transfer — Rule 87.1 asks only for the case caption, not a description of the cause, the issues involved, or which matters the receiving court is to decide.
Frequently Asked Questions
What law authorizes the Superior Court to transfer a case to the Court of Common Pleas?
Rule 87.1 ties the transfer to Title 10, Chapter 13 of the Delaware Code.
What must the transfer certificate under Rule 87.1 contain?
The caption of the case, along with a direction to the Prothonotary to deliver the certificate and the relevant pleadings or exhibits to the Clerk of the Court of Common Pleas.
Who delivers the certificate and case file to the Court of Common Pleas?
The Prothonotary, following the Superior Court's direction on which pleadings and exhibits, or copies of them, to send.
How does Rule 87.1's certificate differ from Rule 87's Family Court certificate?
Rule 87.1 requires only the case caption, while Rule 87 requires the certificate to also name the parties, describe the nature of the cause, and specify the issues to be determined.
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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