§ RULE 124. SCOPE OF RULES

Codes > Delaware Superior Court Rules of Civil Procedure > XV. Rules > RULE 124.

RULE 124. SCOPE OF RULES

(a) These rules shall govern the procedure in the Superior Court (hereinafter the “Court”) of the State of Delaware in actions subject to Summary Proceedings for Commercial Disputes, herein referred to as “Summary Proceedings.”

(b) Any matter within the subject matter jurisdiction of the Superior Court, excluding claims asserting personal, physical or mental injury, wherein the amount in controversy exceeds one hundred thousand dollars as to at least one party, exclusive of interest and costs shall be subject to expedited proceedings under these Rules when the parties (at least one of which is a Delaware citizen, corporation or other business entity) have consented, by written agreement or stipulation. Neither punitive damages nor a jury trial shall be available under these Rules.

(c) The Court may, at its discretion, to the extent judicial resources are available, entertain actions under these Rules wherein the amount in controversy does not exceed one hundred thousand dollars. Application to proceed under these Rules in such actions shall be made by written motion to the President Judge of the Superior Court or his designee.

(d) To the extent they are not inconsistent with Rules 124 through 131, the remaining Superior Court civil rules shall apply to Summary Proceedings.