Rule 89.Appointment of counsel for State officers and employees

Part XI: General Provisions · Last amended October 15, 1980 · Last verified July 28, 2026

In one sentenceRule 89 doesn't set its own procedure — it points to Supreme Court Rule 68 as the governing procedure for appointing counsel to represent Delaware state officers and employees under 60 Del. Laws, Chapter 474.

Full Text of Rule 89

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Appointment of counsel for State officials and employees, under 60 Del. Laws, c. 474, is governed by Supreme Court Rule 68.

Amendment History

Added, effective Feb. 22, 1977; amended, effective Oct. 15, 1980.

Plain-English Summary

Rule 89 is a pointer rather than a standalone standard. It states that the appointment of counsel for Delaware state officials and employees, under 60 Del. Laws, Chapter 474, is governed by Supreme Court Rule 68 — not by anything spelled out in the Superior Court's own rules.

The rule was added effective February 22, 1977, and amended effective October 15, 1980, but its substance has stayed the same throughout: look to Supreme Court Rule 68 for the actual procedure.

Frequently Asked Questions

Does Rule 89 set out its own procedure for appointing counsel to a state officer or employee?

No. Rule 89 states that this appointment is governed by Supreme Court Rule 68.

Where do I find the actual procedure for appointing counsel for a state officer or employee?

In Supreme Court Rule 68, which Rule 89 points to rather than restating.

What statute underlies Rule 89's counsel-appointment provision?

60 Del. Laws, Chapter 474.

When was Rule 89 adopted and last amended?

Added effective February 22, 1977, and amended effective October 15, 1980.

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: appointment of counsel state officers delawaredelaware rule 89 state employee counselsupreme court rule 68 delaware counsel appointment60 del laws c 474 counsel