The Delaware State Courts will be closed Wednesday, December 25, 2024 for Christmas Day. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12AM (no new cases after 11:00PM).

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Motions Overview


A Motion may only be filed if there is an underlying petition pending.  Therefore, if you have not filed a petition, you must do so before filing a motion.

What is a Motion?

A motion is a way to request that the Court take a specific action in a case or grant specific relief in a case.

Who can file a Motion?

Any party to a case may file a Motion.  A person who is not a party to a case, but believes that they should be a party, may file a Motion requesting that they be added as a party to the case.

Please visit the forms page to see what forms must be submitted in order for your filing to be accepted by the Court.

Where do I file my Motion?

You should file your Motion in the county where the underlying petition was filed.

How does the other party receive a copy of my Motion?

You must mail an exact copy of your Motion to the Other Party.  You must do this prior to, or at the same time that you file your Motion with the Court.  On the Motion Form, you will complete an Affidavit of Mailing.  By signing this in the presence of a Notary Public or Court Clerk, you are attesting that you placed a copy of the Motion in the mail.

How long will it take for me to receive a decision?

After receiving a copy of your Motion, the other party will have 13 days in which to file a response with the Court.  The court will wait this length of time to make a decision to ensure that the Other Party has had the time allotted to them. 

Based upon this time requirement, if you are filing a Motion that relates to a hearing date, such as a Motion for Continuance, you want to be sure and file at least 13 days prior to the hearing date to allow time for the Other Party to respond.

There are many reasons why you may want to file a Motion.  Below are examples of commonly filed Motions, but there are other Motions you may file depending on your situation or your case.  Remember to be realistic when deciding to file a Motion, as you should in all parts of your case.  You should have a good legal reason to file your Motion.  The Court may penalize a person who files meaningless Motions, particularly when the reason for filing a Motion is to harass or create an undue hardship on the other side of the case.

Types of Commonly Filed Motions:

Amend the Pleadings
Reargue
Clarification
Consolidate
Continuance
Discovery
Extension of Time
Waive Parenting Classes
Reopen a Case
Sanctions
Change of County
Permit Telephone Testimony