General Civil Case Cover Sheet

GENERAL CIVIL CASE COVER SHEET

SUPERIOR COURT OF THE STATE OF DELAWARE

Filing Requirement Notice: This Civil Case Cover Sheet should accompany every new complaint or petition filed in the Delaware Superior Court. The cover sheet assists the Prothonotary in classifying the case type for statistical tracking, assessing the correct filing fee, and assigning the case to the appropriate track for case management purposes. Delaware has three counties — New Castle, Kent, and Sussex — each with a Superior Court Prothonotary's Office. The cover sheet is an administrative document and does not constitute a pleading.

I. COURT AND CASE IDENTIFICATION

II. CASE CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

C.A. No. _________________________ (To be completed by Court)

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

III. FILER IDENTITY

IV. PARTY INFORMATION

A. Plaintiff(s)

☐ Additional plaintiffs listed on attached rider

B. Defendant(s)

☐ Additional defendants listed on attached rider

V. ATTORNEY / SELF-REPRESENTED LITIGANT INFORMATION

A. Lead Counsel for Plaintiff(s)

B. Lead Counsel for Defendant(s) (if known)

C. Self-Represented Litigant

☐ Plaintiff is self-represented
☐ Defendant is self-represented

E-Filing Note: Delaware's e-filing system requires valid email addresses for electronic service. Confirm accuracy before filing.

VI. CASE TYPE CLASSIFICATION

Select ONE primary category and mark all applicable sub-categories. These codes are used for court statistical tracking and case management.

A. Contract / Commercial

☐ Breach of Contract — General
☐ Debt Collection / Account Stated
☐ Commercial Instrument (Negotiable Instruments, UCC — 6 Del. C. Title 5A)
☐ Insurance Coverage / Bad Faith
☐ Employment — Contract
☐ Franchise / Dealership Dispute
☐ Summary Proceedings — Commercial Dispute (10 Del. C. Section 3901)
☐ Other Contract (specify): [________________________________]

B. Torts — Personal Injury

☐ Negligence — Motor Vehicle
☐ Negligence — Premises Liability
☐ Product Liability (18 Del. C. Section 7001 et seq.)
☐ Medical Malpractice (18 Del. C. Section 6801 et seq.)
☐ Legal Malpractice
☐ Other Professional Malpractice
☐ Wrongful Death (10 Del. C. Section 3721 et seq.)
☐ Intentional Tort (Assault, Battery, False Imprisonment)
☐ Defamation / Libel / Slander
☐ Other Tort (specify): [________________________________]

C. Torts — Property

☐ Trespass
☐ Conversion
☐ Property Damage
☐ Nuisance
☐ Other Property Tort (specify): [________________________________]

D. Real Property

☐ Mortgage Foreclosure (10 Del. C. Section 5061 et seq.)
☐ Quiet Title
☐ Ejectment (10 Del. C. Section 7101 et seq.)
☐ Partition (25 Del. C. Section 721 et seq.)
☐ Condemnation / Eminent Domain (10 Del. C. Section 6101 et seq.)
☐ Landlord-Tenant — Appeal from Justice of the Peace
☐ Boundary / Easement
☐ Mechanic's Lien Foreclosure (25 Del. C. Section 2711 et seq.)
☐ Other Real Property (specify): [________________________________]

E. Administrative Agency Appeal

☐ Workers' Compensation Appeal (Industrial Accident Board)
☐ Unemployment Insurance Appeal
☐ Tax Assessment Appeal
☐ Environmental Agency Appeal
☐ Professional Licensing Appeal
☐ Other Agency Appeal (specify): [________________________________]

F. Miscellaneous Civil

☐ Declaratory Judgment (10 Del. C. Section 6501 et seq.)
☐ Injunction / Restraining Order
☐ Statutory or Constitutional Challenge
☐ Foreign Judgment Domestication (10 Del. C. Section 4781 et seq.)
☐ Civil Rights — State (6 Del. C. Chapter 45 — Delaware Discrimination in Employment Act)
☐ Civil Rights — Federal (42 U.S.C. Section 1983)
☐ Name Change (10 Del. C. Section 5901 et seq.)
☐ Replevin
☐ Class Action
☐ Habeas Corpus
☐ Mandamus / Prohibition
☐ Other Civil (specify): [________________________________]

Note: Actions in equity (corporate governance, trusts, fiduciary disputes, specific performance) are generally filed in the Court of Chancery, not the Superior Court. Review 10 Del. C. Section 341 for Chancery Court jurisdiction.

VII. MANNER OF FILING

☐ Original filing — new civil action
☐ Reopened case — post-judgment proceedings
☐ Transferred from Court of Common Pleas (Case No.: [________________________________])
☐ Transferred from Justice of the Peace Court (Case No.: [________________________________])
☐ Remanded from Supreme Court (Case No.: [________________________________])
☐ Removed from federal court and remanded (Case No.: [________________________________])

VIII. AMOUNT IN CONTROVERSY

A. Monetary Relief Sought (check one):

☐ $0 — $99,999
☐ $100,000 — $999,999
☐ $1,000,000 or more
☐ Non-monetary relief only

Estimated total monetary relief sought: $[________________________________]

B. Additional Claims

☐ Punitive damages claimed (Del. Code allows punitive damages in limited circumstances)
☐ Attorney fees claimed by statute or contract — Statute: [________________________________]
☐ Treble damages claimed — Statute: [________________________________]

C. Non-Monetary Relief

☐ Declaratory judgment
☐ Injunctive relief (temporary / preliminary / permanent)
☐ Specific performance
☐ Quiet title
☐ Other equitable relief: [________________________________]

IX. JURY DEMAND

☐ Jury trial demanded pursuant to Del. Super. Ct. Civ. R. 38
☐ No jury demand at this time

Delaware Jury Demand Rules:

• Under Del. Super. Ct. Civ. R. 38(b), a party may demand a jury trial by serving a written demand on all other parties no later than 10 days after service of the last pleading directed to the issue.
• If no jury demand is served, the right to jury trial is waived (Del. Super. Ct. Civ. R. 38(d)).
• Delaware Constitution, Article I, Section 4 guarantees the right to jury trial in civil cases at law.
• A separate jury demand filing fee may be required — verify with the Prothonotary.

X. SERVICE INFORMATION

Service Notes:

• Under Del. Super. Ct. Civ. R. 4(j), if service is not made within 120 days after the complaint is filed, the court must dismiss the action without prejudice or order that service be made within a specified time.
• Service on a Delaware corporation is typically made through its registered agent (8 Del. C. Section 321).
• Service on the Secretary of State is available for foreign corporations authorized to do business in Delaware (8 Del. C. Section 376).
• Delaware's long-arm statute (10 Del. C. Section 3104) provides for service on out-of-state defendants in specified circumstances.

XI. RELATED OR PREVIOUSLY FILED CASES

1. Are there any related cases pending in Delaware state courts (Superior Court, Chancery, Common Pleas, Family Court)?

☐ No
☐ Yes — provide details:

2. Have any substantially similar actions between these parties been previously dismissed or resolved in Delaware or another jurisdiction?

☐ No
☐ Yes — identify: [________________________________]

XII. CASE TRACK / COMPLEXITY DESIGNATION

☐ Standard (default — standard case management schedule applies)
☐ Complex (anticipated to involve extensive discovery, numerous parties, or novel legal issues)
☐ Expedited (preference statute or other accelerated schedule applies)

If "Complex" is checked, identify applicable factors:
☐ More than 10 parties
☐ Extensive electronic discovery anticipated
☐ Multi-jurisdictional issues
☐ Class action
☐ Expert-intensive litigation
☐ Anticipated trial length exceeding 10 days
☐ Other: [________________________________]

Estimated trial length: [____] days

Note: Requesting "Complex" track may trigger specialized case management orders. Confer with opposing counsel before selecting this designation if possible.

XIII. ALTERNATIVE DISPUTE RESOLUTION

Has pre-suit mediation or arbitration occurred?

☐ No
☐ Yes — Outcome: ☐ Resolved ☐ Partially Resolved ☐ Not Resolved

Are parties interested in court-annexed mediation?

☐ Yes
☐ No
☐ Willing to discuss at scheduling conference

Delaware Superior Court Mediation: The Superior Court offers mediation with Commissioners at a rate of $150.00/hour (2-hour minimum). Cases may also be referred to private mediators.

XIV. FILING FEES

Filing fees for the Delaware Superior Court are collected by the Prothonotary and are established by statute and court order.

Superior Court — Prothonotary Fee Schedule:

Important: All filing fees are nonrefundable and cover all costs except Sheriff's service, which is paid separately. Payments must be made payable to "The State of Delaware." The Prothonotary may refuse any filing for which fees have not been paid and may impose a $25.00 fine for unpaid obligations after written demand. Always verify current fees at https://courts.delaware.gov/superior/fees.aspx.

☐ Filing fee tendered: $[________________________________]
☐ Fee waiver application filed (10 Del. C. Section 8803)

XV. ELECTRONIC FILING INFORMATION

Delaware Superior Court uses File & ServeXpress for electronic filing.

E-Filing Requirements:

• Attorneys: Electronic filing is mandatory for all attorneys in the Delaware Superior Court (Del. Super. Ct. Civ. R. 79.1).
• Pro Se Litigants: May file in paper at the Prothonotary's Office.
• Document Format: PDF; comply with court formatting requirements.
• Cover Sheet Upload: Upload this Cover Sheet as a separate "Cover Sheet — Civil" document in File & ServeXpress and link it to the Complaint.
• Service: Electronic service through File & ServeXpress is available for registered users.

File & ServeXpress: https://www.fileandservexpress.com/delaware/
Superior Court E-Filing Information: https://courts.delaware.gov/superior/elitigation/tech_efile.aspx

☐ Filing submitted electronically via File & ServeXpress
☐ Filing submitted in paper at the Prothonotary's Office

XVI. CERTIFICATION AND SIGNATURE

I certify that the information provided in this Civil Case Cover Sheet is true and correct to the best of my knowledge, information, and belief formed after reasonable inquiry. I further certify that this filing is made in compliance with Del. Super. Ct. Civ. R. 11.

XVII. PROTHONOTARY'S USE ONLY

XVIII. PRACTICE TIPS AND GUIDANCE

Delaware Court System Overview

1. Superior Court is the court of general jurisdiction for civil and criminal matters. It handles tort, contract, real property, administrative appeals, and most civil actions (10 Del. C. Section 541).
2. Court of Chancery has exclusive jurisdiction over equity matters, including corporate governance (particularly for Delaware-incorporated entities), trusts, fiduciary duties, injunctions, and specific performance (10 Del. C. Section 341).
3. Court of Common Pleas has jurisdiction over civil actions where the amount in controversy does not exceed $75,000 (10 Del. C. Section 1301).
4. Justice of the Peace Court handles civil cases up to $25,000.
5. If your action involves primarily equitable relief or corporate governance of a Delaware entity, file in the Court of Chancery, not the Superior Court.

Venue

6. Venue in the Superior Court lies in the county where the cause of action arose, where the defendant resides, or where the defendant can be served (10 Del. C. Section 541).
7. For actions involving real property, venue is in the county where the property is located.
8. Delaware has only three counties (New Castle, Kent, Sussex), simplifying venue analysis.

Service of Process — Delaware Entities

9. Delaware is the state of incorporation for more than 60% of Fortune 500 companies. Service on a Delaware corporation is typically made through its registered agent as designated with the Secretary of State (8 Del. C. Section 321).
10. If the registered agent cannot be found or has resigned, service may be made on the Secretary of State (8 Del. C. Section 321(b)).
11. For LLCs, service is governed by 6 Del. C. Section 18-104.

Medical Malpractice

12. Medical malpractice claims in Delaware must be submitted to the Medical Negligence Review Panel before filing suit (18 Del. C. Section 6801 et seq.).
13. An Affidavit of Merit from a qualified medical expert must accompany certain medical malpractice complaints (18 Del. C. Section 6853).

Product Liability

14. Delaware's product liability statute is codified at 18 Del. C. Section 7001 et seq. A 10-year statute of repose applies (18 Del. C. Section 7001).

Amended Cover Sheet

15. If the case posture changes materially (e.g., addition of parties, change in amount in controversy, or reclassification of case type), file an amended Cover Sheet promptly with the Prothonotary.

XIX. NOTICE TO FILER

• Failure to complete this Cover Sheet accurately may result in processing delays or rejection of the filing by the Prothonotary.
• The Cover Sheet is for administrative purposes only; it neither expands nor limits the pleadings.
• A copy of this Cover Sheet must be served on all parties together with the initiating pleading.
• Retain a conformed copy for your file.

Sources and References

• Delaware Superior Court — Civil & Criminal Fees: https://courts.delaware.gov/superior/fees.aspx
• Delaware Superior Court — Rules of Civil Procedure: https://courts.delaware.gov/superior/pdf/civil_rules_2016.pdf
• Delaware Superior Court — E-Filing (eLitigation): https://courts.delaware.gov/superior/elitigation/tech_efile.aspx
• Delaware Superior Court — Forms: https://courts.delaware.gov/forms/list.aspx?ag=superior+court
• File & ServeXpress — Delaware: https://www.fileandservexpress.com/delaware/
• 10 Del. C. Section 541 (Superior Court Jurisdiction): https://delcode.delaware.gov/title10/c005/sc01/
• 8 Del. C. Section 321 (Service on Corporations): https://delcode.delaware.gov/title8/c003/
• Delaware Fees and Filings Help: https://courts.delaware.gov/help/fees/superiorfees.aspx

This template is provided for informational and drafting purposes only. It does not constitute legal advice. Practitioners must verify all statutory citations, filing fees, court rules, and Prothonotary requirements against current authority before filing. Fees and procedures are subject to change by legislative action, court order, or administrative directive.