Skip to main content

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.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore
Read why no date is calculated
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
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.

Super. Ct. Civ. R. 68

What lawyers say

5.0
  • “The platform is really easy to use.”

    Michael B.Employment litigation attorney · California

  • “The Evidence Record saved us time with our insurance on bankruptcy matters.”

    MariaBankruptcy and commercial attorney · London, UK

  • “The most up-to-date service we could find.”

    Li ChenArbitration practitioner · Singapore

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. 68

Which comparisons must be resolved before counting?

  1. Commencement of trial and the strict more-than-ten-days lead time
  2. The raw ten-day backward preset lands on the excluded boundary. An earlier qualifying service act must be established.
  3. Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
  4. 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.
Super. Ct. Civ. R. 68
  • 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. 68

Does filing an offer establish service?

No. The specified opening act is service on the adverse party.

Super. Ct. Civ. R. 68

Is 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. 68

Official Superior Court sources and edition review

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
Super. Ct. Civ. R. 68The particular actor, event, procedural act and rule conditions
Super. Ct. Civ. R. 68The 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

Cookie preferences

Deadline Engine uses necessary cookies for authentication and security. You can choose whether we may load Plausible Analytics to measure aggregate site use. We do not use advertising or marketing tracking. You can change this any time from the footer. Read the Cookie Policy.