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United States · Delaware Superior Court

When must objections to a Superior Court ditch return be filed?

Rule 12(aa2) requires objections within 10 days after the ditch return is filed. Objections based on facts outside the record require affidavit support.

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Period
10 days for the disclosed rule component
Trigger
Filing of the ditch return
Rule
Super. Ct. Civ. R. 12(aa2)
Super. Ct. Civ. R. 12(aa2)

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

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Which event starts this Super. Ct. Civ. R. 12(aa2) inquiry?

Filing of the ditch return

Obtain the filed return and record. The date someone informally learns of its conclusions does not replace the specified filing event.

Responsible actor. The party objecting to the ditch return. Use filing of the actual ditch return, with any required supporting affidavit. No separate proceeding’s response clock is substituted.

Super. Ct. Civ. R. 12(aa2)

How does Rule 6 count this particular component?

  1. Use filing of the actual ditch return, with any required supporting affidavit. No separate proceeding’s response clock is substituted.
  2. Exclude the trigger day and count 10 days that are not Saturdays, Sundays or legal holidays under Rule 6(a). These are short-period eligible days, not consecutive calendar days.
  3. Check the actual holidays, additional closures and applicable electronic or paper boundary.
  4. File the objections and any necessary affidavit supporting facts not appearing from the record. Preserve the completed filing.

Rule 6(a) excludes the triggering event. Periods below eleven days exclude intermediate Saturdays, Sundays and legal holidays; longer periods include them. A final Saturday, Sunday, legal holiday or actual Prothonotary closure receives the stated next-open-day treatment. Backward notice components preserve the required minimum lead time before the scheduled event. Legal holidays include statutory days and days appointed by the Governor or Chief Justice. Good Friday and Thanksgiving Friday are Delaware holidays. The bundled calendar does not determine Sussex Return Day half-day access, additional judicial closures or actual office availability.

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 does an independently derived example show?

Fictitious example

Use filing of the actual ditch return, with any required supporting affidavit. No separate proceeding’s response clock is substituted. Ordinary current-edition facts, no changed order and no incoming mail service.

Example counting steps
StepWhat is countedDate
Established eventFiling of the ditch returnAugust 2, 2027
Disclosed rule boundary10 days for the disclosed rule componentAugust 16, 2027
Example resultAugust 16, 2027

Fictitious current-edition facts. This is the disclosed component with no altered order or additional actual closure. It does not establish effective service, completed filing, judicial action or procedural entitlement. Incoming mail-service additions require separate review.

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Which qualifications change this procedure?

Facts outside the record
Affidavit support is required where the objections rely on facts not appearing from the record.
Ordinary answer excluded
Rule 12(a) lists ditch returns outside its general twenty-day complaint-answer branch.
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. 12(aa2)
  • Use filing of the actual ditch return, with any required supporting affidavit. No separate proceeding’s response clock is substituted.
  • The base calculation does not obtain an extension, resolve a different branch or establish that the responsible actor completed the required act.

Which completed acts and evidence should be preserved?

Questions about Super. Ct. Civ. R. 12(aa2)

When must objections to a Superior Court ditch return be filed?

Does receiving the return start the period?

The rule measures the period after filing of the return. Establish that filing event.

Super. Ct. Civ. R. 12(aa2)

Must every objection include an affidavit?

The stated affidavit requirement applies where the objections rely on facts outside the record.

Super. Ct. Civ. R. 12(aa2)

Is this the certiorari exception process?

No. Certiorari exceptions under Rule 12(aa1) are a different act performed by the plaintiff in error.

Super. Ct. Civ. R. 12(aa1)

Official Superior Court sources and edition review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
Super. Ct. Civ. R. 12(aa2)The particular actor, event, procedural act and rule conditions
Super. Ct. Civ. R. 12(aa2)The separately identified counting, filing, procedural qualification or edition source
Super. Ct. Civ. R. 12(a)The separately identified counting, filing, procedural qualification or edition source
Super. Ct. Civ. R. 12(aa1)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
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