In every case in which the Court has appointed an attorney to represent one or more of the parties, or where one of the parties is without funds to pay an attorney, the Court shall require such party, or the attorney, or both, to make an affidavit or submit a letter, as the Court may direct, stating the amount which has been received, or will be received, for that purpose from any other source, before making an allowance to the attorney for the attorney’s services.
Rule 88.Allowance of attorney’s fee
Part XI: General Provisions · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 88 requires an affidavit or letter disclosing any funds a party has received or will receive from another source for legal fees, submitted before the court allows payment to an attorney it appointed, or to an attorney representing a party without funds to pay one.
Full Text of Rule 88
Amendment History
Added, effective June 30, 1954; amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 88 applies in two situations: where the court has appointed an attorney to represent a party, and where a party can't afford to pay for an attorney at all. In either case, before the court will make an allowance for the attorney's services, it requires the party, the attorney, or both, to make an affidavit or submit a letter — whichever the court directs — stating the amount that has been received, or will be received, for that purpose from any other source.
That disclosure requirement gives the court a full picture of what resources are already available for legal fees before it decides how much of an allowance, if any, to make.
Frequently Asked Questions
When does Rule 88 require a disclosure before an attorney gets paid?
Whenever the court has appointed an attorney to represent a party, or a party is without funds to pay an attorney, Rule 88 requires this disclosure before the court makes an allowance for the attorney's services.
What has to be disclosed?
The amount that has been received, or will be received, for the purpose of paying the attorney, from any source other than the party itself.
Who has to make the disclosure — the party or the attorney?
Rule 88 lets the court require the party, the attorney, or both, to make an affidavit or submit a letter, as the court directs.
Why does the court need this disclosure?
To know what funding for legal fees already exists from other sources before allowing an attorney's fee out of court-controlled or public resources.
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
Also known as: delaware appointed attorney fee affidavitattorney fee allowance delaware superior courtdelaware rule 88 court appointed counsel feeaffidavit of funds for attorney fee delaware