Rule 90.Attorneys

Part XI: General Provisions · Last amended November 1, 1989 · Last verified July 28, 2026

In one sentenceRule 90 limits Superior Court practice to Delaware Bar members who maintain an in-state law office, bars an attorney from withdrawing without the court's permission, and won't honor an agreement between attorneys unless it's in writing or stated on the record.

Full Text of Rule 90

Text sizeJump to: (a) (b) (c)

(a) Requirement. Except as provided in Rule 90.1, only members of the Bar of the Supreme Court of this State currently entitled to practice in that Court who maintain an office in Delaware for the practice of law shall be entitled to practice as an attorney in this Court.

(b) Withdrawal. Except as permitted by order of the Court, no attorney may withdraw and all appearing attorneys are required to continue as such and to perform the duties of counsel imposed by law, by the Delaware Lawyer’s Rules of Professional Conduct, and the Rules of this Court. Withdrawal of an attorney ordinarily will not be considered as permissible ground for delay and relief under these Rules.

(c) Agreements between attorneys. Agreements between attorneys will not be considered by the Court unless they are in writing and filed with the Prothonotary or stated on the record in the presence of the Court.

Amendment History

Added, effective June 1, 1977; amended, effective Mar. 1, 1987; Nov. 1, 1989.

Plain-English Summary

Rule 90(a) sets who may practice as an attorney in the Superior Court: except as Rule 90.1 allows for pro hac vice admission, only members of the Delaware Supreme Court Bar currently entitled to practice there, who also maintain an office in Delaware for the practice of law, may appear as attorneys in this Court.

Rule 90(b) makes withdrawal the exception, not the rule. No attorney may withdraw except by court order, and every attorney who has appeared has to keep performing the duties of counsel under the law, the Delaware Lawyers' Rules of Professional Conduct, and this Court's Rules. An attorney's withdrawal ordinarily won't count as permissible ground for delay or for relief under these Rules.

Rule 90(c) closes with agreements between attorneys: the court won't consider one unless it's in writing and filed with the Prothonotary, or stated on the record in the court's presence.

Frequently Asked Questions

Who is allowed to practice as an attorney in Delaware Superior Court?

Rule 90(a) limits practice to Delaware Supreme Court Bar members currently entitled to practice there who also maintain an office in Delaware for the practice of law, except for attorneys admitted pro hac vice under Rule 90.1.

Can my attorney withdraw from my case whenever they choose?

No. Rule 90(b) requires court permission for withdrawal, and an appearing attorney is required to continue performing counsel's duties absent that permission.

Can my attorney's withdrawal get me a delay or other relief?

Rule 90(b) states that withdrawal of an attorney ordinarily won't be considered permissible ground for delay or relief under these Rules.

Will the court enforce a verbal agreement my lawyer made with opposing counsel?

No. Rule 90(c) requires the agreement to be in writing and filed with the Prothonotary, or stated on the record in the court's presence, before the court will consider it.

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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