United States · Delaware Superior Court
How early must a Superior Court offer of judgment be served?
Rule 68 permits the defending party’s offer more than 10 days before trial begins. Exactly ten days before trial does not satisfy that strict wording.
- Period
- The raw ten-day preset returns the excluded strict boundary. No computed or paid offer-service date is published.
- Trigger
- Commencement of trial and the strict more-than-ten-days lead time
- Rule
- Super. Ct. Civ. R. 68
Official rules current as of March 20, 2026, reviewed. The calculator supports this current edition only.
Source guide · No automated date
How early must a Superior Court offer of judgment be served?
The raw ten-day preset returns the excluded strict boundary. No computed or paid offer-service date is published.
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Which event starts this Super. Ct. Civ. R. 68 inquiry?
Commencement of trial and the strict more-than-ten-days lead time
The raw ten-day backward preset lands on the excluded boundary. An earlier qualifying service act must be established.
Responsible actor. The party defending against a claim. Establish actual trial commencement and an offer meeting Rule 68. The strict more-than-ten-days condition differs from an at-least-ten-days minimum.
Super. Ct. Civ. R. 68Which comparisons must be resolved before counting?
- Commencement of trial and the strict more-than-ten-days lead time
- The raw ten-day backward preset lands on the excluded boundary. An earlier qualifying service act must be established.
- Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
- Serve the qualifying offer and preserve its terms, accrued costs and completed service before the strict boundary.
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 an offer is served exactly at the ten-day lead boundary while another is served earlier. Only the earlier act can satisfy the source’s strict more-than-ten-days condition.
The raw ten-day preset returns the excluded strict boundary. No computed or paid offer-service date is published.
Which qualifications change this procedure?
- Who may offer
- The stated offer is made by a party defending against a claim and includes costs then accrued.
- More than ten days
- The source does not authorize service exactly ten days before trial. The engine’s ten-day anniversary is not a safe final service date.
- 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.
- Establish actual trial commencement and an offer meeting Rule 68. The strict more-than-ten-days condition differs from an at-least-ten-days minimum.
- The raw ten-day preset returns the excluded strict boundary. No computed or paid offer-service date is published.
Which completed acts and evidence should be preserved?
Questions about Super. Ct. Civ. R. 68
How early must a Superior Court offer of judgment be served?
Is exactly ten days before trial enough?
No. Rule 68 says more than ten days before trial begins.
Super. Ct. Civ. R. 68Does filing an offer establish service?
No. The specified opening act is service on the adverse party.
Super. Ct. Civ. R. 68Is acceptance measured backward from trial too?
No. Acceptance follows service of the actual offer and has its own ten-day component.
Super. Ct. Civ. R. 68Official Superior Court sources and edition review
Provisions used (10)
| Provision | Purpose |
|---|---|
| Super. Ct. Civ. R. 68 | The particular actor, event, procedural act and rule conditions |
| Super. Ct. Civ. R. 68 | 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 79.1 | The 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 amendments | The separately identified counting, filing, procedural qualification or edition source |
| March 13, 2026 amendment order, effective March 20 | The separately identified counting, filing, procedural qualification or edition source |
| August 13, 2025 amendment order, effective September 1 | The separately identified counting, filing, procedural qualification or edition source |
| Administrative Directive 2015-6 preserving the eFile procedures | The separately identified counting, filing, procedural qualification or edition source |
| Administrative Directive 2007-6, electronic filing and service | Electronic filing and service procedures preserved by Administrative Directive 2015-6 |