Rule 90.1 - Records; Privacy(a) Without the permission of the Court, no complaint or other paper instituting an action and no paper ordered to be served shall be released for examination or publication by the Clerk or by the sheriff until a return showing service on all designated parties is made to the Clerk.(b) If service is to be made on a nonresident, the material shall not be released, without the permission of the Court, until at least 10 days after any required mailing.(c) Unless otherwise required by statute or rule, all records of proceedings before the Court shall be private and shall not be open or available to anyone except (1) the Court and its staff, or (2) the parties and their attorneys, or (3) other courts and public agencies, or (4) persons specifically approved by the Court because they have a legitimate interest in the records, subject in all events to such reasonable restrictions, conditions or limitations as the Court may impose.(d) The Court may restrict access and dissemination of residential and employment addresses (collectively "location information") from persons reasonably believed to constitute a substantial risk of harm. (1) Upon demand, any person filing for Protection from Abuse may have his or her location information designated as confidential. Parties to other types of cases may seek confidential designation by motion, which shall be treated as granted until or unless denied. Confidential designation shall continue indefinitely until further order of the Court or until withdrawn pursuant to subsections (2) or (3) herein.(2) Any judicial officer may assign a confidential designation when appropriate and may remove the designation upon oral request of the protected party in open court. (3) Inclusion of a personal mailing address by a protected party on a subsequent pleading related to the case in which the designation was granted may be interpreted that the confidential designation is no longer required.(4) All protected parties have a duty to provide the Court with a functioning mailing address without regard to whether it is their actual residence. The Court will, at Court expense, facilitate necessary mailings to protected parties or in any case wherein a party believes he or she is subject to an injunction against contact with another party.(5) When making determinations of venue or jurisdiction, the Court may examine protected records in camera revealing only the information necessary to provide the opposing party or counsel reasonable opportunity to make relevant arguments.Del. Fam. Ct. R. Civ. P. 90.1
Amended June 4, 2007, eff. 9/11/2007; amended September 22, 2021, effective 12/1/2021.