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United States · Delaware Superior Court

When may a Superior Court claimant first move for summary judgment?

Rule 56(a) permits a claimant’s motion after 20 days expire from commencement or after summary judgment motion service. The case also must not yet be marked for trial.

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Read why no date is calculated
Period
The preset does not compare the alternative opening event or the before-trial-marking condition. No computed or paid eligibility date is published.
Trigger
Commencement, any qualifying motion service and the trial-marking status
Rule
Super. Ct. Civ. R. 56(a)
Super. Ct. Civ. R. 56(a)

Official rules current as of March 20, 2026, reviewed. The calculator supports this current edition only.

Source guide · No automated date

When may a Superior Court claimant first move for summary judgment?

The preset does not compare the alternative opening event or the before-trial-marking condition. No computed or paid eligibility date is published.

Super. Ct. Civ. R. 56(a)

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Which event starts this Super. Ct. Civ. R. 56(a) inquiry?

Commencement, any qualifying motion service and the trial-marking status

The alternative motion-service event can change the opening opportunity. Expiration of the twenty-day interval is not itself a last filing date.

Responsible actor. A party seeking recovery on a claim, counterclaim or crossclaim, or declaratory relief. Establish commencement, any already-served summary judgment motion and whether the case has been marked for trial.

Super. Ct. Civ. R. 56(a)

Which comparisons must be resolved before counting?

  1. Commencement, any qualifying motion service and the trial-marking status
  2. The alternative motion-service event can change the opening opportunity. Expiration of the twenty-day interval is not itself a last filing date.
  3. Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
  4. Determine whether a permitted opening branch and the before-trial-marking condition are satisfied before moving for summary judgment.

The source guide explains the actual missing comparisons or procedural conditions. No computed or paid date is supplied.

Rule 6(e) states a three-day addition to the prescribed period for party acts measured after service by mail. It does not apply to Court acts. These calculators use the disclosed nonmail-service component and do not implement the mail addition or determine legally effective service. An entry-based or filing-based event does not acquire a mail addition merely because a copy is mailed. Do not assume that the differently worded Chancery Rule 6(c) governs Superior Court computation.

These calculators cover the 2026 official Superior Court compilation together with the March 13, 2026 order effective March 20, 2026. Events before March 20 and backward periods crossing before that date receive no computed or paid date. This is publication coverage, not a finding that an actual act is late. Historical editions, emergency measures, changed orders and actual additional closures require separate review. Rules 141–146 govern CCLD cases and preserve general civil rules unless expressly displaced. Confirm the applicable amendment, discovery-motion, motion and briefing procedures before using an ordinary component.

Super. Ct. Civ. R. 6(a), (b), (d), (e)

What distinguishes these procedural branches?

Assume one claimant has already received a summary judgment motion while another has only a commencement event. The two opening branches require different facts, and trial marking can defeat the ordinary opportunity.

The preset does not compare the alternative opening event or the before-trial-marking condition. No computed or paid eligibility date is published.

Which qualifications change this procedure?

Alternative opening event
Service of a summary judgment motion supplies an alternative to expiration of twenty days after commencement.
Trial marking limit
The claimant’s motion must precede the marking of the case for trial.
Mail service and actual court schedule
Rule 6(e) states a three-day addition to the prescribed period for party acts measured after service by mail. It does not apply to Court acts. These calculators use the disclosed nonmail-service component and do not implement the mail addition or determine legally effective service. An entry-based or filing-based event does not acquire a mail addition merely because a copy is mailed. Do not assume that the differently worded Chancery Rule 6(c) governs Superior Court computation.
Current edition and historical scope
These calculators cover the 2026 official Superior Court compilation together with the March 13, 2026 order effective March 20, 2026. Events before March 20 and backward periods crossing before that date receive no computed or paid date. This is publication coverage, not a finding that an actual act is late. Historical editions, emergency measures, changed orders and actual additional closures require separate review. Rules 141–146 govern CCLD cases and preserve general civil rules unless expressly displaced. Confirm the applicable amendment, discovery-motion, motion and briefing procedures before using an ordinary component.
Super. Ct. Civ. R. 56(a)
  • Establish commencement, any already-served summary judgment motion and whether the case has been marked for trial.
  • The preset does not compare the alternative opening event or the before-trial-marking condition. No computed or paid eligibility date is published.

Which completed acts and evidence should be preserved?

Questions about Super. Ct. Civ. R. 56(a)

When may a Superior Court claimant first move for summary judgment?

Is the twentieth day an automatic filing deadline?

No. The source describes a permissible opening opportunity and preserves other conditions.

Super. Ct. Civ. R. 56(a)

Must a defendant wait twenty days under this claimant branch?

Rule 56(b) separately permits a defending party’s motion. Establish the actor and procedural posture.

Super. Ct. Civ. R. 56(b)

Can commencement alone determine whether a motion is allowed?

No. Earlier motion service and trial marking also affect the stated conditions.

Super. Ct. Civ. R. 56(a)

Official Superior Court sources and edition review

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Super. Ct. Civ. R. 56(a)The particular actor, event, procedural act and rule conditions
Super. Ct. Civ. R. 56(a)The separately identified counting, filing, procedural qualification or edition source
Super. Ct. Civ. R. 56(b)The separately identified counting, filing, procedural qualification or edition source
Super. Ct. Civ. R. 6(a), (b), (d), (e)The separately identified counting, filing, procedural qualification or edition source
Super. Ct. Civ. R. 5 and 79.1The separately identified counting, filing, procedural qualification or edition source
1 Del. C. § 501(a)–(c)The separately identified counting, filing, procedural qualification or edition source
Superior Court rule editions and amendmentsThe separately identified counting, filing, procedural qualification or edition source
March 13, 2026 amendment order, effective March 20The separately identified counting, filing, procedural qualification or edition source
August 13, 2025 amendment order, effective September 1The separately identified counting, filing, procedural qualification or edition source
Administrative Directive 2015-6 preserving the eFile proceduresThe separately identified counting, filing, procedural qualification or edition source
Administrative Directive 2007-6, electronic filing and serviceElectronic filing and service procedures preserved by Administrative Directive 2015-6
Read the official rule

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