Rules of Civil Procedure, Superior Court of Delaware
Rule: 86
Jurisdiction: DE
Bluebook Citation: Del. Super. Ct. Civ. R. 86
These Rules will take effect on January 1, 1948, that being 6 months after their promulgation, pursuant to the provisions of 34 Laws of Del., Chap. 226, pp. 531, 532; Rev. Code of Del. (1935) Sec. 4643. They govern all proceedings in actions brought after they take effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the Court their application in a particular action pending when the Rules take effect would not be feasible or would work injustice, in which event the former procedure applies. Effective date of amendments. These amendments1. are adopted and shall take effect on January 1, 1965. They govern all proceedings in actions brought after they take effect and also further proceedings in actions then pending, except to the extent that in the opinion of the Court their application in a particular action pending when the amendments take effect would not be feasible or would work injustice, in which event the former procedure applies. These amendments2. are adopted and shall take effect on January 1, 1991. They govern all proceedings and actions brought after they take effect and also all further proceedings in actions then pending except to the extent that in the opinion of the Court their application in a particular action pending when the amendments take effect would not be feasible or would work injustice, in which event the former procedure applies. (Amended, effective Jan. 1, 1965; Jan. 1, 1991.) 1. Civil Rules 5(a), 6, 7(a), 13(a), 14(a), 15(d), 24(c), 26(e), 28(b), 30(f)(1), 41(b), 49(b), 50, 51, 56(c)(e), 58, 77(d), 78-80 and Criminal Rules 16, 30(a) and 39. 2. Civil Rules 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 16.1, 17, 18, 19, 20, 22, 24, 25, 26, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41, 43, 44, 44.1, 45, 46, 49, 50, 51, 55, 56, 58.1, 58.2, 58.3, 59, 60, 62, 63, 65.1, 68, 69, 72, 77, 79, 81, 85, 86, 87, 88, 90.1, 112, 114, 116, 117, 118, 120, 121, 122, 123. Rule 87. Assignment of causes to Family Court. (a) Certificate; contents. The assignment or transfer of causes and matters by the Superior Court to the Family Court of the State of Delaware, under the respective statutes, shall be by certificate of one or more of the judges of the Superior Court. The certificate shall set forth the names of the parties, the nature of the cause or matter, and the issue or issues to be ultimately determined, and shall specify what matters and issues are to be heard, tried, and determined by the lower court. The certificate shall also direct the Prothonotary forthwith to deliver to the Clerk of the Family Court the certificate, together with such of the original pleadings and exhibits, or true and correct copies thereof, as the Superior Court shall direct. (b), (c) Repealed. History. Added, effective June 30, 1954; amended, effective Jan. 1, 1991.
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