§ RULE 126. RESPONSES TO THE COMPLAINT

Codes > Delaware Superior Court Rules of Civil Procedure > XV. Rules > RULE 126.

RULE 126. RESPONSES TO THE COMPLAINT

(a) Answer. A defendant shall serve an answer together with any compulsory counterclaims within thirty days after service of the complaint.

(b) Counterclaims, Cross-Claims and Third-Party Claims. A plaintiff shall serve a reply to any counterclaim within twenty days after service of the counterclaim. Any answer or reply to a counterclaim shall be accompanied by a list of persons consulted, or relied upon, in connection with preparation of the answer or reply. Cross-claims, permissive counterclaims and third-party claims are not permitted absent agreement of all parties. Cross-claims, counterclaims and third-party claims, if any, are subject to the provisions of Rules 124 through 131.

(c) Motions to Dismiss. A party may, in lieu of an answer, respond to a complaint or counterclaim by moving to dismiss. A motion to dismiss and accompanying brief must be served within thirty days after service of the complaint upon the defendant. A motion to dismiss a counterclaim and accompanying brief must be served within twenty days after service of the counterclaim. An answering brief in opposition to a motion to dismiss is due within fifteen days after service of the motion and accompanying brief. A reply brief in support of the motion to dismiss is due within ten days after service of the answering brief. The opening and answering briefs shall be limited to twenty-five pages, and the reply brief shall be limited to ten pages. Within thirty days after the filing of the final reply brief on all motions to dismiss, if no oral argument occurs, or within thirty days of oral argument if oral argument occurs, the Court will either render to the parties its decision on such motions or will provide to the parties an estimate of when such decision will be rendered. Such additional time shall not normally exceed an additional thirty days unless the assigned judge shall have filed a certification pursuant to Rule 130(d). If a motion to dismiss a claim is denied, an answer to that claim shall be filed within ten days of such denial.