Delaware: Civil Procedure, Foreclosure & UCC

Civil procedure in Delaware

Civil cases in Delaware state courts follow the Superior Court Civil Rules (Rules of Civil Procedure, Superior Court of Delaware). Federal courts located in Delaware follow the Federal Rules of Civil Procedure and their own local rules. Individual Delaware courts also publish local rules, and judges may issue standing orders — read all of them before filing.

Our procedure library explains each federal motion and filing; look up the Delaware equivalent in the state rules, because names, deadlines and forms can differ.

Foreclosure in Delaware

The most common foreclosure process in Delaware is judicial: the foreclosing party files a lawsuit and needs a court judgment before a sale. The main statute: 10 Del. C. § 5061 et seq..

Federal mortgage servicing rules also apply to most residential loans — see federal pre-foreclosure protections. Read the current statute for notice periods, redemption rights and deficiency rules.

The Uniform Commercial Code in Delaware

Delaware enacted the Uniform Commercial Code and codified it in Delaware Code Title 6 (Commerce and Trade), Subtitle I (Uniform Commercial Code). Does not include Article 6 (Bulk Transfers), which most states have repealed. When a page on Lawtopolis cites a UCC section such as § 3-301 or § 9-406, read the matching section of Delaware’s enacted code, which may contain state-specific changes.

Research checklist

• Read the current state rules of civil procedure and the local rules of your court.
• Check the state judiciary’s self-help center and official forms.
• Read the state statutes that govern your type of case.
• Find binding decisions from the state’s appellate courts.
• Confirm each source is current before relying on it.

How to research a case in this state

To research your issue for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.