Delaware Superior Court Civil Case Information Statement

DELAWARE SUPERIOR COURT CIVIL CASE INFORMATION STATEMENT

Delaware Superior Court — Required Under Superior Court Civil Rule 3(a)

FILING INSTRUCTIONS

The Civil Case Information Statement (CIS) is required for every newly filed complaint in the Delaware Superior Court. The CIS must accompany the Complaint at the time of filing, and the defendant must also file a CIS with the first responsive pleading. The CIS is used solely for administrative purposes and the information thereon has no legal effect on the action.

Key Requirements:
- File the CIS with the Complaint (plaintiff) or with the first responsive pleading (defendant)
- The Prothonotary will generally not process the Complaint or Answer for service until a CIS is filed
- This form is for Superior Court only — Family Court, Court of Chancery, and Justice of the Peace Court have separate forms and procedures
- Delaware has three counties: New Castle, Kent, and Sussex — file in the appropriate county
- Electronic filing is available through File & ServeXpress

Important: By order dated August 13, 2025, the Delaware Superior Court amended Rules 3, 4, 71.2, 71.3, and 133. Confirm current rules before filing.

SECTION 1: COURT DESIGNATION AND CAPTION

County Selection

• ☐ New Castle County (Prothonotary, 500 N. King Street, Wilmington, DE 19801)
• ☐ Kent County (Prothonotary, 38 The Green, Dover, DE 19901)
• ☐ Sussex County (Prothonotary, 1 The Circle, Georgetown, DE 19947)

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR _________________ COUNTY

_________________________________,
Plaintiff(s),
C.A. No.: ________________
v. (Assigned by Prothonotary)

_________________________________,
Defendant(s).
Date of Filing: [__/__/____]

SECTION 2: FILER IDENTIFICATION

This CIS is being filed by:

• ☐ Plaintiff
• ☐ Defendant
• ☐ Third-Party Plaintiff
• ☐ Third-Party Defendant
• ☐ Intervenor
• ☐ Other: [________________________________]

SECTION 3: PARTY INFORMATION

Plaintiff(s)

Additional Plaintiff(s): ☐ See attached list

Defendant(s)

Additional Defendant(s): ☐ See attached list

SECTION 4: ATTORNEY INFORMATION

Attorney for Filing Party

☐ Self-Represented Party (Pro Se) — If checked, provide personal contact information above.

Attorney For: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____]

SECTION 5: CIVIL CASE TYPE — SELECT PRIMARY CATEGORY

Select the case type that best describes the primary nature of this action. Accurate classification is essential for case management and track assignment.

Contract / Commercial

• ☐ Breach of Contract (general)
• ☐ Debt / Collection
• ☐ Insurance Contract Dispute
• ☐ UCC / Commercial Code Dispute
• ☐ Covenant Not to Compete / Restrictive Covenant
• ☐ Lease / Rental Agreement
• ☐ Surety / Guaranty
• ☐ Other Contract: [________________________________]

Real Property

• ☐ Quiet Title
• ☐ Ejectment
• ☐ Mortgage Foreclosure
• ☐ Mechanic's Lien Foreclosure (25 Del. C. § 2701 et seq.)
• ☐ Landlord/Tenant — Summary Possession (25 Del. C. § 5701 et seq.)
• ☐ Condemnation / Eminent Domain (10 Del. C. § 6101 et seq.)
• ☐ Partition
• ☐ Other Real Property: [________________________________]

Tort — Motor Vehicle

• ☐ Motor Vehicle Personal Injury
• ☐ Motor Vehicle Property Damage
• ☐ Motor Vehicle Wrongful Death

Tort — Premises Liability

• ☐ Premises Liability / Slip and Fall
• ☐ Negligent Security

Tort — Other Personal Injury / Property Damage

• ☐ Assault / Battery
• ☐ Other Negligence — Personal Injury
• ☐ Other Negligence — Property Damage
• ☐ Wrongful Death (non-motor vehicle)
• ☐ Toxic Tort / Environmental

Professional Negligence

• ☐ Medical Malpractice (subject to 18 Del. C. § 6801 et seq., Medical Malpractice Insurance and Litigation)
• ☐ Legal Malpractice
• ☐ Accounting Malpractice
• ☐ Other Professional Negligence: [________________________________]

Products Liability

• ☐ Products Liability — Strict Liability
• ☐ Products Liability — Negligence
• ☐ Products Liability — Warranty

Employment

• ☐ Employment Discrimination (19 Del. C. § 710 et seq., Delaware Discrimination in Employment Act)
• ☐ Wrongful Termination
• ☐ Wage Payment / Collection (19 Del. C. § 1101 et seq.)
• ☐ Workers' Compensation Appeal
• ☐ Other Employment: [________________________________]

Administrative / Statutory

• ☐ Administrative Agency Appeal
• ☐ Statutory Action (specify statute): [________________________________]
• ☐ Tax Appeal
• ☐ Zoning / Land Use Appeal

Declaratory / Equitable

• ☐ Declaratory Judgment (10 Del. C. § 6501 et seq.)
• ☐ Injunctive Relief
• ☐ Mandamus
• ☐ Prohibition
• ☐ Quo Warranto

Other Civil

• ☐ Civil Rights (42 U.S.C. § 1983)
• ☐ Habeas Corpus
• ☐ Replevin
• ☐ Other: [________________________________]

Civil Case Code (for clerk use): [________________________________]

SECTION 6: COMPLEX COMMERCIAL LITIGATION DIVISION (CCLD)

Under Superior Court Rule 133, certain complex commercial cases may be assigned to the CCLD. A case qualifies for CCLD assignment if it meets any of the following criteria:

CCLD Designation

• ☐ This case IS intended for assignment to the Complex Commercial Litigation Division
• ☐ This case is NOT intended for CCLD assignment

CCLD Qualification Criteria (check all that apply)

• ☐ The amount in controversy is $1,000,000 or more (as designated in the pleadings)
• ☐ The case involves an exclusive choice of court agreement selecting Delaware Superior Court
• ☐ The case involves a judgment resulting from an exclusive choice of court agreement
• ☐ Designation by the President Judge

If CCLD is selected:
- Enter "CCLD" as the Civil Case Code on the CIS
- Enter "Complex Commercial Litigation" as the Civil Case Type
- The additional CCLD filing fee of $50.00 applies (total complaint filing fee: $250.00)

Basis for CCLD Assignment: [________________________________]

SECTION 7: AMOUNT IN CONTROVERSY

Monetary Relief Sought

• ☐ Under $50,000
• ☐ $50,000 to $99,999
• ☐ $100,000 to $249,999
• ☐ $250,000 to $499,999
• ☐ $500,000 to $999,999
• ☐ $1,000,000 or more (may qualify for CCLD — see Section 6)

Specific Amount (if stated): $ [________________________________]

Non-Monetary Relief Sought

• ☐ Injunctive Relief
• ☐ Declaratory Judgment
• ☐ Specific Performance
• ☐ Other Equitable Relief: [________________________________]

SECTION 8: JURY DEMAND

• ☐ Jury trial demanded pursuant to Superior Court Civil Rule 38
• ☐ Non-jury / Bench trial requested
• ☐ Jury demand to be filed later

Note: Under Superior Court Civil Rule 38(b), a jury demand must be served no later than 10 days after the service of the last pleading directed to the issue. Failure to make a timely demand constitutes a waiver of the right to jury trial.

SECTION 9: RELATED CASES

Are there any related cases pending or previously filed in any Delaware court?

• ☐ No related cases
• ☐ Yes — Provide details below:

Related Cases Objection Procedure: If any party objects to the related cases listed by another party in the CIS, the objecting party must file a written objection with the Prothonotary no later than 10 days after the last responsive pleading is filed. Any non-objecting party may respond within 5 days of the objection.

SECTION 10: ARBITRATION / MEDIATION

Mandatory Arbitration

• ☐ This case is subject to mandatory arbitration (cases seeking monetary damages of $100,000 or less)
• ☐ This case is exempt from mandatory arbitration (amount exceeds $100,000 or equitable relief sought)

Mediation

• ☐ Parties have agreed to mediation
• ☐ Party requests referral to mediation
• ☐ Not applicable

SECTION 11: SERVICE INFORMATION

Method of Service (Superior Court Civil Rule 4)

• ☐ Personal Service by Sheriff
• ☐ Personal Service by Special Process Server (requires court appointment)
• ☐ Certified Mail / Return Receipt Requested
• ☐ Service by Publication (requires court order, Superior Court Civil Rule 4(g))
• ☐ Service on Registered Agent (for entities registered with DE Division of Corporations)
• ☐ Service on Secretary of State as Agent (for non-resident defendants, 10 Del. C. § 3104)
• ☐ Acceptance / Waiver of Service

Service Addresses

SECTION 12: SPECIAL REQUIREMENTS

Interpreter / Language Access

• ☐ Interpreter needed — Language: [________________________________]

ADA / Disability Accommodations

• ☐ Accommodation needed — Describe: [________________________________]

Out-of-State Service Issues

• ☐ Long-arm service required (10 Del. C. § 3104)
• ☐ Service on out-of-state corporation through Delaware Secretary of State (8 Del. C. § 321)
• ☐ Hague Convention service required for international defendant

SECTION 13: FILING FEE INFORMATION

Per Delaware Superior Court Fee Schedule (confirm current fees with the Prothonotary):

Note: Fees are subject to change. Verify current fees at courts.delaware.gov/superior/fees.aspx. Fee waivers may be available for indigent parties upon motion.

Fee Paid: $ [________________________________]
Receipt Number: [________________________________]
Fee Waiver Granted: ☐ Yes ☐ No ☐ Pending

SECTION 14: ATTORNEY / PARTY CERTIFICATION

I certify that the information provided on this Civil Case Information Statement is true and accurate to the best of my knowledge, information, and belief, formed after a reasonable inquiry under the circumstances. I understand that this CIS is used for administrative purposes only and that the information provided has no legal effect on the action.

Date: ___/___/______

_______________________________________________
Signature

_______________________________________________
Printed Name

_______________________________________________
Delaware Bar ID Number (if applicable)

_______________________________________________
Attorney for: ☐ Plaintiff ☐ Defendant ☐ Other: ____________

SECTION 15: FOR PROTHONOTARY'S USE ONLY

DELAWARE-SPECIFIC PRACTICE NOTES

1. Court Selection — Know Your Court: Delaware has specialized courts. The Superior Court handles civil cases at law. The Court of Chancery handles equity matters (corporate disputes, trusts, fiduciary matters). Family Court handles domestic relations. Justice of the Peace Court handles small civil claims under $25,000. Ensure you are filing in the correct court.

2. Court of Chancery vs. Superior Court: If you are filing a corporate governance dispute, breach of fiduciary duty, or other equity claim, file in the Court of Chancery, not the Superior Court. The Superior Court CIS form is not used in Chancery.

3. CCLD — Complex Commercial Litigation Division: Under Rule 133, complex commercial cases with $1 million or more in controversy, or involving exclusive choice-of-court agreements, may be assigned to the CCLD for specialized case management. The CCLD has expedited discovery and trial schedules.

4. Medical Malpractice — Affidavit of Merit: Under 18 Del. C. § 6853, a medical negligence complaint must be accompanied by an affidavit of merit signed by a qualified medical expert, filed within 90 days of the complaint.

5. Service on Delaware Entities: Corporations incorporated in Delaware may be served through their registered agent on file with the Division of Corporations, or through the Secretary of State under 8 Del. C. § 321.

6. Long-Arm Statute: Under 10 Del. C. § 3104, personal jurisdiction may be exercised over non-resident defendants who transact business in Delaware, commit a tortious act in Delaware, or own/use real property in Delaware.

7. Statute of Limitations — Common Periods:
   - Personal Injury: 2 years (10 Del. C. § 8119)
   - Contract (written): 3 years (10 Del. C. § 8106)
   - Property Damage: 2 years (10 Del. C. § 8119)
   - Medical Malpractice: 2 years (18 Del. C. § 6856)
   - Products Liability: 2 years (10 Del. C. § 8119)

8. Mandatory Arbitration: Cases seeking $100,000 or less in monetary damages may be subject to mandatory arbitration. Check the current threshold with the court.

9. Electronic Filing: Delaware Superior Court accepts electronic filing through File & ServeXpress. Check current e-filing requirements and procedures at courts.delaware.gov.

Sources and References

• Delaware Superior Court Civil Rules: https://courts.delaware.gov/forms/download.aspx?id=173418
• Delaware Superior Court — CCLD Information: https://courts.delaware.gov/superior/complex.aspx
• Delaware Superior Court — Filing Fees: https://courts.delaware.gov/superior/fees.aspx
• Delaware Superior Court — Forms: https://courts.delaware.gov/forms/list.aspx?ag=superior+court
• Delaware Court Rules: https://courts.delaware.gov/rules/
• 10 Del. C. § 541 et seq. — Superior Court Jurisdiction
• 10 Del. C. § 3104 — Long-Arm Statute
• 10 Del. C. § 6501 et seq. — Declaratory Judgments
• 10 Del. C. § 8101 et seq. — Statutes of Limitation
• 18 Del. C. § 6801 et seq. — Medical Malpractice Insurance and Litigation
• 19 Del. C. § 710 et seq. — Delaware Discrimination in Employment Act
• 8 Del. C. § 321 — Service on Corporations
• File & ServeXpress (Delaware e-filing): https://www.fileandservexpress.com/delaware/