Delaware courts
What is the deadline for superior Court: service of a written motion and notice of hearing?
The period for superior Court: service of a written motion and notice of hearing normally ends 2 calendar days before the time specified for the hearing of the motion, under Super. Ct. Civ. R. 6(d). If the final day is a Saturday, Sunday or legal holiday in the Delaware calendar, the computation rule carries it to the next open day.
Calculate my deadline- Period
- 2 calendar days
- Trigger
- The time specified for the hearing of the motion
- Rule
- Super. Ct. Civ. R. 6(d)
Delaware rules as encoded, holiday calendar verified
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Calculate your deadline
Enter the date of the time specified for the hearing of the motion. See the date, cited rule and counting steps.
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Which date starts the 2-day period?
The period runs from the time specified for the hearing of the motion.
Count backward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Rules of the Delaware State CourtsA written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 2 days before the time specified for the hearing, unless a different period is fixed by these Rules or by order of the Court. Such an order may for cause shown be made on ex parte application.
Super. Ct. Civ. R. 6(d)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 2 calendar days counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Delaware legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a).
If the final day is a Saturday, Sunday or legal holiday in the Delaware calendar, the computation rule carries it to the next open day.
Delaware computes time under Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the time specified for the hearing of the motion on Tuesday, September 1, 2026 (the time specified for the hearing of the motion on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a). The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Period ends | 2 calendar days measured under the cited rule | August 28, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- 'unless a different period is fixed by these Rules or by order of the Court', and such an order may be made on ex parte application for cause shown.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- 'unless a different period is fixed by these Rules or by order of the Court', and such an order may be made on ex parte application for cause shown.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 2-day period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the time specified for the hearing of the motion, or when I first learned of it?
The period runs from the time specified for the hearing of the motion as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 2 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a) carries it forward to the next day that is not one of those.
Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a)Which time zone and filing cutoff apply?
Delaware filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a)What if the court is inaccessible on the last day?
Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a)Extensions and local rules
Can the court extend this deadline?
'unless a different period is fixed by these Rules or by order of the Court', and such an order may be made on ex parte application for cause shown. A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| Super. Ct. Civ. R. 6(d) | Trigger and period |
| Ct. Ch. R. 6(a) (Court of Chancery). Divergent sibling provisions: Super. Ct. Civ. R. 6(a) | Counting, holidays and the last day |
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Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.