(a) Certificate; contents. The assignment or transfer of causes and matters by the Superior Court to the Family Court of the State of Delaware, under the respective statutes, shall be by certificate of one or more of the judges of the Superior Court. The certificate shall set forth the names of the parties, the nature of the cause or matter, and the issue or issues to be ultimately determined, and shall specify what matters and issues are to be heard, tried, and determined by the lower court. The certificate shall also direct the Prothonotary forthwith to deliver to the Clerk of the Family Court the certificate, together with such of the original pleadings and exhibits, or true and correct copies thereof, as the Superior Court shall direct.
Rule 87.Assignment of causes to Family Court
Part XI: General Provisions · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 87 lets one or more Superior Court judges transfer a cause or matter to the Family Court by written certificate naming the parties, describing the matter and the issues to be decided, and directing the Prothonotary to deliver that certificate with the relevant pleadings or exhibits.
Full Text of Rule 87
(b) , (c) Repealed.
Amendment History
Added, effective June 30, 1954; amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 87 governs how the Superior Court hands a case over to the Family Court under the statutes that authorize that transfer. The mechanism is a certificate, signed by one or more Superior Court judges, that names the parties, describes the nature of the cause or matter, and states the issue or issues to be ultimately decided. The certificate also has to specify exactly which matters and issues the Family Court is to hear, try, and determine.
Once that certificate is signed, it directs the Prothonotary to deliver it — along with the original pleadings and exhibits, or true and correct copies of them, as the Superior Court directs — to the Clerk of the Family Court, and the rule requires that delivery happen "forthwith." Subsections (b) and (c) of Rule 87 have been repealed.
Frequently Asked Questions
How does a case move from Superior Court to Family Court?
Rule 87(a) requires a certificate signed by one or more Superior Court judges, directing the Prothonotary to deliver it, along with the relevant pleadings and exhibits, to the Clerk of the Family Court.
What information must the transfer certificate include?
The names of the parties, the nature of the cause or matter, the issue or issues to be ultimately determined, and which matters and issues the Family Court is to hear, try, and determine.
Who delivers the certificate and case materials to the Family Court?
The Prothonotary, who must deliver the certificate and the original pleadings and exhibits, or true and correct copies, as the Superior Court directs.
What happened to Rule 87(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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