§ RULE 125. COMMENCEMENT OF ACTION

Codes > Delaware Superior Court Rules of Civil Procedure > XV. Rules > RULE 125.

RULE 125. COMMENCEMENT OF ACTION

(a) Complaint.

(1) Summary Proceedings are commenced by filing with the Court, and serving, a complaint. Sufficient copies shall be filed so that one copy is available for service on each defendant as hereafter provided, unless the Court orders otherwise.

(2) The complaint and the requisite accompanying documents shall be sent, via next-day delivery, to either a person identified in the applicable agreement between the parties to receive notice of Summary Proceedings or, absent such specification, to each defendant's principal place of business or residence. The plaintiff shall provide to the Prothonotary pre-addressed and prepaid envelope(s) sufficient to accomplish the next-day delivery required by this paragraph. Evidence of receipt shall be filed with the Prothonotary.

(3) The complaint must state prominently on the first page that Summary Proceedings are requested. The complaint also must contain a statement of the amount in controversy exclusive of interest and costs, a statement that one of the parties is a Delaware citizen, corporation or other business entity, and a statement that the defendant has agreed to submit to the Court's jurisdiction for Summary Proceedings. A copy of the portion of the document evidencing the agreement to submit to jurisdiction shall be attached to the complaint.

(b) Transfer and Conversion.

(1) With the consent of the transferor court, if required by that court, an action pending in any court of the State of Delaware or any other jurisdiction which could have been brought initially as a Summary Proceeding may be transferred to the Superior Court, or converted to a Summary Proceeding if already pending in the Superior Court, by consent of the parties thereto.

(2) Within 15 days of transfer or conversion, the Court shall hold a conference at which time a schedule for the remainder of the action shall be established that will conform as closely as feasible to these Rules. Unless cause not to do so is shown, the record from any prior proceedings shall be incorporated into the record of the Summary Proceeding.

(c) Filing Fee. The Prothonotary shall not file any paper or record or docket any proceeding under these Rules until the required filing fee has been paid. The filing fee shall be subject to the provisions relating to taxing of costs under Rule 54.