Del. R. Sup. Ct. 30

As amended through September 30, 2024
Rule 30 - Motions
(a)Form; contents. -An application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall state the order and relief sought, shall state with particularity the grounds on which it is based, shall cite relevant authorities in support thereof and shall be accompanied by a proposed order.
(b)Response; reply. -A party who opposes a motion shall file within 10 days after the service of the motion an answer thereto stating with particularity the grounds on which the motion is opposed and shall cite relevant authorities. Within 7 days after service of an answer to the motion, the moving party may file a reply to the answer.
(c)Page limitations for unrepresented parties without access to a word processing program. No motion, answer to a motion, or reply shall exceed four pages in length including the caption and signature block.
(d)Type-volume limitation for parties with access to a word processing program. No motion, answer to a motion, or reply shall exceed 1,200 words. The caption, signature block, and any footer included pursuant to Rule 10.2(5), do not count toward the limitation. All other text must be counted toward the limitation. All motions, answers, and replies shall include a certificate of compliance by counsel or an unrepresented party that the document complies with the typeface requirement of Rule 13(a) and type-volume limitation of this rule. The person preparing the certificate must state the number of words in the document, and may rely on the word count of the word processing program used to prepare the document. Form R is a suggested form of a certificate for compliance. Use of Form R is sufficient to meet the requirements of this rule.
(e)Determination of motions. -Motions shall be decided without oral argument unless otherwise permitted. If an answer to a motion is required and is not filed within the time allowed by these Rules, a non-responding party shall be deemed to have consented to the relief sought by movant.
(f)Motions not to delay the progress of the appeal. -Unless the Court shall otherwise order, and subject to Rule 25(a), the filing and disposition of a motion shall not stay, alter or extend the time for the filing of briefs pursuant to Rule 15.
(g)Motions for relief under Rules 14, 15, or 34. -With respect to motions seeking relief from the provisions of Rule 14 or Rule 15 or motions under Rule 34, the Court, in its discretion, may act upon said motions without awaiting an answer or reply, notwithstanding paragraph (b) of this Rule.

Del. R. Sup. Ct. 30

Amended effective 6/1/2015; amended September 29, 2016, effective 10/3/2016.