The notice of motion is a one-page form of the Family Court of the State of Delaware that goes with a motion. It tells the person named on the TO: line that the attached motion has been presented to the Court and that a written response is due within ten days of service. It is used by a movant or the movant's attorney in a case with a File No. and Petition No. On FillingPDF you can fill out the form online and download or print the completed PDF; the official PDF is published by Delaware Courts.
Last updated
What is 192?
The Notice of Motion is a Family Court of the State of Delaware form that tells the person named on its TO: line that an attached motion has been presented to the Court and that a written response may be filed within ten days of service.
The form opens with the court caption. You mark the Family Court county (New Castle County, Kent County or Sussex County), give the Petitioner and Respondent names, and enter the File No. and Petition No. of the case. Below the title, the notice states that the attached Motion is presented to the Court for consideration. It also says that anyone opposed must file a written response within ten (10) days of the service of the motion, and that if no response is timely filed, the motion may be decided without further opportunity to be heard. The form cites Family Court Rules, Rule 7(b)(2) for this rule.
The notice is not the motion. It is the cover notice for a motion that is attached to it. The bottom block is completed by the movant or the movant's attorney: date, signature, printed name, and a name and address block with street address, P.O. box number and city, state and zip code.
Delaware Courts publishes this form among its Family Court forms.
Who needs to file 192?
A movant, or the movant's attorney, who is presenting a motion to the Delaware Family Court in a case that already has a File No. and Petition No. uses this notice. The form's signature block is labeled Movant/Attorney, so either the party making the motion or that party's lawyer completes it.
The person who receives the notice is whoever you name on the TO: line. For that person the notice sets out the response rule: anyone opposed to the motion must file a written response with the Court within ten (10) days of service of the motion.
The form is not a motion itself and does not replace one. It is used only together with the attached Motion, and it is written for the Family Court, not for other Delaware courts.
When to file 192
Use the notice when you present a motion to the Family Court, because the form says the attached Motion is presented to the Court for consideration. It travels with that motion; no separate due date for the notice is printed on it.
The deadline the form states is for the recipient: a written response must be filed within ten (10) days of the service of the motion. If no response is timely filed, the motion may be decided without further opportunity for the recipient to be heard (Family Court Rules, Rule 7(b)(2)).
Documents you need
- The Motion you are presenting to the Court: the notice states that the attached Motion is presented for consideration, so the motion is attached to the notice.
How to fill out 192
Mark the Family Court county
At the top, select the county where the case is heard: New Castle County, Kent County or Sussex County.
Enter Petitioner and Respondent names
Write the Petitioner's name above the line marked Petitioner and the Respondent's name above the line marked Respondent, as they appear in the case.
Enter the File No. and Petition No.
Fill in the File No.: and Petition No.: boxes in the caption with the numbers of your case.
Name the recipient on the TO: line
Enter the name of the person or party who is being given notice of the motion.
Read the notice text
The paragraph about the ten (10) day response period and Family Court Rules, Rule 7(b)(2) is preprinted; check that the attached Motion matches it.
Date and sign the notice
Enter the date in the Date box and sign above Movant/Attorney. Then enter your printed name on the Print Name line.
Complete the movant or attorney address
Under Name and address of Movant/Attorney, enter the street address, the P.O. Box Number and the City/State/Zip Code.
Review, download and attach the motion
Check the caption, the TO: line, the date and the signature. Download or print the completed PDF from FillingPDF and attach the Motion before submitting through the Family Court's channels.
How to submit 192
The notice of motion is attached to the motion it announces, and the pair is presented to the Family Court. The form names no mailing address, portal or filing office, and it does not describe how service on the person named on the TO: line is made. For filing and service instructions, check the Family Court Rules cited on the form (Rule 7(b)(2)) and the Delaware Courts forms page at https://courts.delaware.gov/forms/list.aspx, or ask the Family Court clerk's office.
Before sending, confirm that the Motion is attached, the case caption matches the case, and the form is dated and signed. FillingPDF lets you fill out and download the PDF; submission follows the Family Court's channels.
Common mistakes to avoid
- Sending the notice without the attached Motion; the notice says the attached Motion is presented to the Court.
- Leaving the Family Court county unmarked among New Castle County, Kent County and Sussex County.
- Leaving the File No. or Petition No. blank, or entering numbers that do not match the case.
- Leaving the TO: line empty, so the person who must respond is not named.
- Omitting the date, the Movant/Attorney signature or the printed name at the bottom of the form.
- Leaving out the movant or attorney address, such as street address, P.O. box number or city, state and zip code, that the form asks for.
- Telling the recipient a different response time than the ten (10) days from service printed on the form.
Frequently asked questions
What is a notice of motion in Delaware Family Court?
It is a Family Court form that accompanies a motion. It tells the person named on the TO: line that the attached Motion has been presented to the Court for consideration and that a written response may be filed within ten days of service.
How long do I have to respond to a notice of motion?
Ten (10) days from service of the motion. The form says that anyone opposed must file a written response with the Court within that period, citing Family Court Rules, Rule 7(b)(2).
What happens if I do not respond to the motion?
If no response is timely filed, the motion may be decided without further opportunity for you to be heard on the matter. The form prints this warning along with the ten-day response period.
Do I have to attach the motion to the notice?
Yes. The notice states that the attached Motion is presented to the Court, so it is meant to be used with a motion. The notice alone does not ask the Court for anything.
Who signs the notice of motion?
The movant or the movant's attorney. The signature block is labeled Movant/Attorney, followed by a printed name and the movant's or attorney's name and address.
Can I fill out the notice of motion online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or serve the notice; submission follows the Family Court's own channels.
Ready to fill out 192?
Fill out 192 now