Delaware Court of Chancery
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Brief, Letter
- 2 copies
Adjournments
- The Court may adjourn a hearing for cause.
- A continuance motion based on a material witness’s absence or unavailability must be filed as soon as that circumstance becomes known; the Court may refuse it if the opposing party stipulates to the expected testimony, and the affidavit may then be offered at trial.
- A Magistrate in Chancery may grant adjournments and extensions of time.
- +16 more
Request must include
Page & Word Limits3 rules
Written motions supported by an opening brief are limited to 500 words; motions not supported by an opening brief and oppositions are limited to 3,000 words, and replies to 2,000 words. Caption, title, signature block, and specified footers are excluded from the count.
- Opposition
- Up to 3,000 words
- Reply
- Up to 2,000 words
Excluded from word count
- •Caption
- •Signature block
Exception
More words with leave of court
Court's wording
(A) Any written motion the movant is or will be supporting with an opening brief may not exceed 500 words. (B) Any written motion the movant is not or will not be supporting with an opening brief may not exceed 3,000 words. The opposition to the motion may not exceed 3,000 words. The reply may not exceed 2,000 words. No other submissions containing argument may be filed unless the Court permits. (C) The caption, title, signature block, and any footer included under Rule 5.1(c) do not count toward the word limitations.
(3) Word Limits. A letter to the Court may not exceed 1,000 words. The letterhead, header, address and delivery information, caption, date, salutation, complimentary close, signature, statement of enclosures and copy recipients, and any footer included under Rule 5.1(c) do not count toward the limitation.
- Letter
- Up to 1,000 words
Excluded from word count
- •Caption
- •Signature block
(3) Word Limits. An opening or answering brief may not exceed 14,000 words. The reply brief may not exceed 8,000 words. The front cover, table of contents, table of citations, signature block, and any footer included pursuant to Rule 5.1(c) do not count toward the limitation.
- Opening or answering brief
- Up to 14,000 words
- Reply brief
- Up to 8,000 words
Excluded from word count
- •Table of contents
- •Signature block
Document Format Requirements62 rules
Unless made during a hearing or trial, a motion must be made in writing.
(C) A brief may not contain numbered paragraphs.
A filing must use Times New Roman at 14 points with 13-point footnotes, Century at 12 points with 11-point footnotes, or Century Schoolbook at 12 points with 11-point footnotes.
Court's wording
The font for a filing must use one of three conventions: (A) Times New Roman 14-point typeface with 13- point typeface in footnotes; (B) Century 12-point typeface with 11-point typeface in footnotes; or (C) Century Schoolbook 12-point typeface with 11- point typeface in footnotes.
The margins of a filing must be at least one inch on all sides.
- Margins
- At least 1 inch
The line spacing of the text of a filing must be at least twice the point size of the typeface. The line spacing of headings, footnotes, and block quotations may be the exact point size of the typeface.
(3) Binding. Briefs, compendia, and appendices must be bound in a secure manner that does not obscure the text and permits the document to lie flat when open. All other filings may be bound or stapled.
(B) Photographs, illustrations, and tables must be reproduced by a method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy.
The officer shall securely seal the deposition in an envelope indorsed with the title of the action and marked “Deposition of (here insert name of witness)”
Upon a party's request, materials produced at a deposition must be marked and annexed to and returned with the deposition, subject to the stated copy-substitution and return procedures.
Court's wording
Documents, electronically stored information, and tangible things produced for inspection during the examination of the witness, shall, upon the request of the party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that (A) the person producing the materials may substitute copies to be marked for identification, if the person affords to all parties fair opportunity to verify the copies by comparison with the originals, and (B) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition.
A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: A party may state in its request the form for producing documents or electronically stored information. If a party so states, the responding party must produce electronically stored information in the form requested. If a request does not specify a form for producing documents or electronically stored information, or if the form specified is unreasonable, a party must produce it in a form or forms in which it is ordinarily maintained or in which it is reasonably usable. Absent a showing of good cause, a party need not produce the same documents or electronically stored information in more than one form.
If a subpoena does not specify a form for producing documents or electronically stored information, the person responding shall produce it in a form or forms in which it is ordinarily maintained, or in which it is reasonably usable.
Each bond filed in the Court of Chancery after December 1, 1969, shall be in the form and manner prescribed by the Court and submitted to the Register in Chancery or filed electronically.
Each consent shall have a signature line with the name of the individual signing the consent typed or printed underneath.
Every accounting must use the Court’s form schedules, unless the Court approves an exception.
Exceptions to the account of a guardian of the property or trustee shall be in writing and shall be filed in the office of the Register in Chancery.
Exceptions to an account or to a petition for allowances filed by a receiver, or an attorney for a receiver, shall be made in writing by any party interested,
- Exceptions
Formatting
- •Exceptions must be made in writing
(vi) CD-ROM briefs must be free of computer viruses.
Formatting
- •The CD-ROM brief must be free of computer viruses
(iii) CD-ROM brief must be contained on Windows- compatible CD-ROMs.
(ii) Hyperlinks shall only link to documents filed on the same CD-ROM, and not directly to the internet or other external sources.
A CD-ROM brief must match the official filed version, including pagination and counsel’s signature or an authorized /s/.
Court's wording
(d) A CD-ROM brief shall be identical to the “official version” filed with the Court, including pagination and the signature of counsel, or an /s/ indicating that counsel has authorized its filing.
(i) Hyperlinks shall link directly to the cited page(s) of the linked document.
(i) Any party filing an e-brief shall file a single CD- ROM.
(f) The CD-ROM brief shall contain hyperlinks to all cases, statutes, reference materials, exhibits and such other items as are cited in the brief, subject to the following:
A CD-ROM brief must include its own viewing program or be viewable with one of the listed programs.
Court's wording
(v) CD-ROM briefs must either come with their own viewing programs or be viewable using (a) a program such as Adobe Acrobat that is downloadable from the Internet at no cost to the user, (b) both Internet Explorer and Netscape Navigator or (c) Microsoft Word.
(viii) The CD-ROM shall not be bootable.
Each submission must be labeled with the Court name, case caption and number, brief title, submission date, and submitting party’s name, both on the CD-ROM and its container.
Formatting
- •The label must appear on the CD-ROM itself and on the container
Court's wording
(iv) Each submission shall be labeled with the name of this Court, the short caption of the case and its case number, the title of the brief, the date of submission, and the name of the party making submission. The label shall appear on the CD-ROM itself and on the container.
(ix) The CD-ROM shall also include a text version of the brief in the format in which it was created and in RTF [Rich Text Format].
(ii) Three copies of the CD-ROM shall be filed by conventional means.
(x) Files shall be configured to allow selecting and printing.
All fonts used in a file shall be imbedded in the file.
(4) Objections. Any objection or response must be filed in writing with the court within 13 days of the date of the petition unless the court orders an expedited response deadline.
The papers comprising the record shall be laid flat in chronological order and bound at the top.
Document Filing Requirements564 rules
Complaints, specified related pleadings, and amendments or supplements must be verified by the filing party under oath or affirmation; an authorized person must verify papers filed by entities or associations.
Court's wording
The following papers must be verified: (A) complaints; (B) counterclaims; (C) crossclaims; (D) third-party complaints; and (E) amendments or supplements to those pleadings. Each party filing the paper must verify under oath or by affirmation that the matter contained in the paper is true and correct to the best of the party’s knowledge, information, and belief. An authorized person must verify a paper filed by an entity or association.
A civil action is commenced by filing a complaint with the Register in Chancery.
Each complaint must be accompanied by a completed supplemental information sheet in the form adopted by the Court.
A summons must identify the Court and parties, provide the specified plaintiff and appearance information and default warning, be directed to the defendant, and bear the Register’s signature and Court seal.
Court's wording
The summons must: (1) name the Court and the parties; (2) be directed to the defendant; (3) state the name and address of the plaintiff or—if represented—the plaintiff’s attorney; (4) state the time within which the defendant must appear and defend; (5) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; (6) be signed by the Register in Chancery; and (7) bear the Court’s seal.
The plaintiff must file a statement signed by the party or its attorney providing: (A) the addresses required by the consent statute; (B) the registered agent and registered address of the entity; (C) the date of service on the entity; and (D) if any information is unknown, a description of the diligent efforts made to ascertain it.
A summons for service under a consent statute must identify the consent statute and append a copy of the statute.
The plaintiff must file an affidavit: (A) stating that a defendant is a nonresident;
The plaintiff must file an affidavit stating that: (A) a defendant is out of the State or cannot be found to be served with process; and (B) there is just ground to believe the defendant is intentionally avoiding service.
The plaintiff must obtain a Court order providing for: (A) the defendant to appear by a specific date; and (B) publication of the order in the manner directed by the Court, but not less than once per week for three consecutive weeks.
The plaintiff must obtain an order setting an appearance date, directing publication at least weekly for three consecutive weeks, specifying security and a sequestrator, and identifying property to be seized if the defendant does not appear and security is posted.
Court's wording
(2) The plaintiff must obtain a Court order: (A) providing for the defendant to appear by a specific date; (B) requiring publication of the order in the manner directed by the Court, but not less than once per week for three consecutive weeks; (C) specifying sufficient security; (D) appointing a sequestrator; and (E) specifying the property that the sequestrator must seize if the defendant fails to appear and the plaintiff posts sufficient security.
The listed information to be provided includes the defendant’s last-known address or diligence-based explanation, a property description and estimated value, title or interest details, the information source, and reasons for omissions.
Court's wording
(B) providing a last-known address or stating that the last-known address is unknown and cannot be ascertained after reasonable diligence; (C) providing a reasonable description of property to be sequestered, including the estimated value of the property; (D) describing the nature of the defendant’s title or interest in the property and—if that title or interest is beneficial in nature—the name of the holder of legal title; (E) identifying the source of the information; and (F) providing reasons for omitting any information.
The sequestrator’s report to the Court must address the sequestered property and include the date and time of seizure.
Court's wording
(4) If the defendant fails to appear and the plaintiff posts the required security, then the sequestrator must: (C) report to the Court within 20 days after the seizure—or different time if the Court directs—regarding the property sequestered, including the date and time of the property’s seizure.
The written direction must require the recipient to retain the property, promptly note that it is sequestered, and deliver an affidavit within 10 days after service of the order.
Court's wording
(5) The sequestrator may seize property that is, or appears to be, not susceptible of physical seizure by serving on the person with possession, custody, or control of the property a writing directing the person to: (A) retain the property until the Court’s further order or notice from the sequestrator; (B) promptly notate that the property is sequestered by Court’s order; and (C) within 10 days after service of the order, deliver an affidavit:
The directed affidavit must describe the property and its value, describe the defendant’s title or interest, identify the relevant beneficial or legal owner, and explain any omitted information.
Court's wording
(i) providing a reasonable description of property being sequestered, including the estimated value of the property; (ii) describing the nature of the defendant’s title or interest in the property; (iii) identifying the name and address of the beneficial owner if the defendant only holds legal title or the legal owner if the defendant is the beneficial owner; and (iv) providing the reasons for omitting any information.
A party requesting or responding to discovery or furnishing an expert report must file with the Court a notice of service containing the following information: (i) a certification that the paper was served; (ii) the person on which service was made; and (iii) the date and manner of service.
If a person submits a document to the Court for in camera review, then the person must file a letter noting the submission.
(B) An appearance of counsel must bear the name of an individual attorney—not just a firm’s name.
(2) Every Confidential Filing must have a cover page that contains only the following information: (A) The caption of the action, the title of the Confidential Filing, and the following statement: YOU ARE IN POSSESSION OF A CONFIDENTIAL FILING FROM THE COURT OF CHANCERY OF THE STATE OF DELAWARE If you are not authorized to view this document under Rule 5.1 or by Court Order, read no further than this page and contact the following person: [Filer’s Name] [Filer’s Firm] [Filer’s Address] [Filer’s Telephone Number]
- Document
- Confidential filing
Must include
- •Caption
Every page of a Confidential Filing, except voluminous exhibits, must bear the specified confidentiality footer.
Court's wording
(3) Except for voluminous exhibits, every page of a Confidential Filing must have a footer stating: THIS DOCUMENT IS A CONFIDENTIAL FILING. ACCESS IS PROHIBITED EXCEPT AS AUTHORIZED BY RULE 5.1 OR BY COURT ORDER.
(B) The following additional statement, if a public version must be filed: A public version of this document will be filed on or before [DATE].
The notice must refer to the rule, include the required proposed public version, and identify the deadline for recipients to designate additional information for redaction; the proposed version may redact information the filer believes is or may be claimed to be confidential.
Court's wording
The notice must refer to this rule and include a proposed public version of each Confidential Filing for which a public version is required. The proposed public version may redact information that the filer believes constitutes Confidential Information or that the filer believes another person would contend constitutes Confidential Information. The notice must identify the date and time by which this rule requires the recipient of notice to identify any additional information for redaction.
A person designating information for redaction certifies compliance with this rule.
To challenge the confidential treatment of a Confidential Filing, the challenger must file a challenge notice with the Register in Chancery. The challenge notice must identify each challenged Confidential Filing by docket number, Transaction ID, title, or other identifying information.
The public version must contain the redactions in the proposed public version and any additional information designated for redaction in response to the notice unless the filer and a person receiving notice agree to make fewer redactions.
A public version is required for every Confidential Filing, except for an exhibit or lodged deposition.
The movant must demonstrate that the particularized harm from public disclosure of the Confidential Filing clearly outweighs the public interest in access to Court records. The movant must provide evidentiary support for the particularized harm.
An answer to a complaint, counterclaim, or crossclaim must repeat the allegations of the pleading to which it is responding and then set forth the response below each such allegation.
A written motion, opposition, or reply must contain, in the order indicated: (i) the title of the motion, opposition, or reply; (ii) an introduction; (iii) in the motion or opposition, any relevant background; (iv) an argument; and (v) a conclusion stating the relief sought.
A written motion, opposition, or reply must contain numbered paragraphs.
Except where provided elsewhere, a request for a court order must be made by motion.
A brief must have a cover page that identifies: (i) the caption as required under Rule 10; (ii) the title of the brief; and (iii) the name, office address, and telephone number of the party or counsel filing the brief.
- Document
- Brief
Must include
- •Caption
A brief must contain, in the order indicated and separated by appropriate headings: (i) a table of contents, with page references; (ii) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with page references; (iii) an introduction;
- Document
- Brief
Must include
- •Table of contents
The petition must be accompanied by the final award in the Arbitration.
Such objection shall specify the reasons why the party believes the guardian selected by the Court cannot or should not serve in that capacity.
Filing & Service rules
Electronic Filing Rules
A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.
A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
Papers after the original complaint that must be served must also be filed, except for discovery requests and responses or as directed by the Court; papers required to be filed must be filed electronically unless the Court directs otherwise, and must comply with the Chancellor’s electronic-filing procedures.
Except for discovery requests and responses or as directed by the Court, any paper after the original complaint that is required to be served must be filed with the Court. Method of Filing. (A) Any paper required to be filed with the Court must be filed electronically, unless the Court otherwise directs. All filings must comply with any administrative procedures for electronic filing that the Chancellor establishes.
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
Depositions need not be filed unless used in the proceeding or the Court orders filing, in which case the transcript or relevant portion must be filed.
Depositions need not be filed with the Court. But if used in the proceeding—or if the Court orders—then the deposition transcript, or a relevant portion, must be filed with the Court.
Civil cases
Page 11 | Discovery
A discovery request or response, or relevant portion, must be filed if used in the proceeding or if the Court orders filing.
If a discovery request or response is used in the proceeding—or if the Court orders—then the request or response, or a relevant portion, must be filed with the Court.
Civil cases
Page 11 | Discovery
The listed discovery requests and any responses to them must not be filed with the Court.
The following discovery requests and any responses to them must not be filed with the Court: interrogatories; requests for documents, electronically stored information, or tangible things, or to permit entry onto land; physical or mental examinations of persons; and requests for admission.
Civil cases
Page 11 | Discovery
A person issued credentials for the Court’s electronic filing system must not allow another person to use them to file papers.
(1) No one who has been issued credentials on the Court’s electronic filing system may allow another person to use those credentials for filing papers.
Civil cases
Page 13 | Electronic Filing System
A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or, if the party is unrepresented, by that party.
(2) A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or by a party, if unrepresented.
Civil cases
Page 13 | Electronic Filing System
A bond must be submitted to the Register in Chancery or filed electronically.
Each bond filed in the Court of Chancery after December 1, 1969, shall be in the form and manner prescribed by the Court and submitted to the Register in Chancery or filed electronically.
Civil cases
Page 129 | Rule 89. Bonds of Fiduciaries
The CD-ROM version of the brief must not be electronically filed.
The CD-ROM version of the brief shall not be electronically filed.
Civil cases
Page 184
Papers required to be filed must be filed electronically and comply with the Chancellor’s electronic-filing procedures, unless the Court directs otherwise.
Any paper required to be filed with the Court must be filed electronically, unless the Court otherwise directs. All filings must comply with any administrative procedures for electronic filing that the Chancellor establishes.
Civil cases
Page 13
A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or, if the party is unrepresented, by that party.
A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or by a party, if unrepresented.
Civil cases
Page 16 | Rule 5(j)(2) Electronic Filing System
A person issued credentials for the Court’s electronic filing system must not allow anyone else to use them to file papers.
No one who has been issued credentials on the Court’s electronic filing system may allow another person to use those credentials for filing papers.
Civil cases
Page 16 | Rule 5(j)(1) Electronic Filing System
A person may not allow anyone else to use their filing-system credentials to make filings.
Rule 5(i)(1) makes clear that no one may allow any other person to use their credentials to make filings.
Civil cases
Page 17 | Rule 5
Self-represented parties may file on their own behalf and must ensure their filings comply with the rules.
Parties who are self- represented do not have Delaware counsel. They can make filings on their own behalf and must ensure for themselves their filings comply with the rules.
Civil cases
Page 18 | Rule 5
A Delaware lawyer must make or authorize every filing, thereby ensuring that the filing complies with the Court’s rules.
A Delaware lawyer must make or authorize every filing, thereby ensuring that the filing complies with the Court’s rules.
Civil cases
Page 18 | Rule 5
The listed discovery requests and responses must not be filed with the Court.
The following discovery requests and any responses to them must not be filed with the Court: interrogatories; requests for documents, electronically stored information, or tangible things, or to permit entry onto land; physical or mental examinations of persons; and requests for admission.
Civil cases
Page 13
A self-represented party may deliver a paper and the required filing fee to the Register in Chancery for filing.
A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.
Civil cases
Page 13
The Director of the Guardianship Monitoring Program may independently file reports through the court’s File&ServeXpress system.
The amendments revise Rule 180-D to state that the Director of the Guardianship Monitoring Program may independently file reports through the court’s File&ServeXpress system.
Civil cases · Court notice
Page 2 | The Court of Chancery Amends and Adds New Rules Affecting the Magistrate Docket
Filing Timing and Cure Windows
The Register in Chancery must note the mailing date on the docket no later than three days after mailing is completed.
Not later than three days after the mailing is completed, the Register in Chancery will note on the docket when the mailing took place.
Civil cases
Page 6 | (e) Service Under a Consent Statute
The sequestrator must report to the Court about the sequestered property within 20 days after seizure, unless the Court directs a different time.
(4) If the defendant fails to appear and the plaintiff posts the required security, then the sequestrator must: (C) report to the Court within 20 days after the seizure—or different time if the Court directs—regarding the property sequestered, including the date and time of the property’s seizure.
Civil cases
Page 7
For timeliness purposes, a paper delivered to the Register in Chancery for filing is deemed filed when delivered.
For determining timeliness, the paper is deemed filed when delivered to the Register in Chancery for filing.
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
Unless the Court orders otherwise, a presentation used at a hearing must be filed within 10 days after the hearing.
Unless otherwise ordered by the Court, a party must file: (A) any presentation used at a hearing within 10 days after the hearing;
Civil cases
Page 11 | Documents Used at Hearings or Trials
Unless the Court orders otherwise, a party must file testifying expert reports and demonstrative exhibits within 10 days after the relevant trial or hearing concludes.
(B) its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used.
Civil cases
Page 11 | Documents Used at Hearings or Trials
A paper in a summary proceeding or a Court-ordered expedited action must be served or filed by midnight to be served or filed on that date.
(2) any paper in a summary proceeding or an action that the Court has ordered expedited must be served or filed by midnight;
Civil cases
Page 12 | Deadlines for Electronic Service and Filing
Any other paper in any other action must be served or filed by 5:00 p.m. to be served or filed on that date.
(3) any other paper in any other action must be served or filed by 5:00 p.m.
Civil cases
Page 12 | Deadlines for Electronic Service and Filing
An original complaint or notice of appeal must be filed by midnight to be filed on its filing date.
(1) an original complaint or a notice of appeal must be filed by midnight;
Civil cases
Page 12 | Deadlines for Electronic Service and Filing
For a Confidential Filing containing an original complaint, the filer should give notice contemporaneously but must do so by 3:00 p.m. the next day; recipients must designate additional information for redaction by 3:00 p.m. on the third day after filing.
When the Confidential Filing contains an original complaint, the filer should give notice contemporaneously with the Confidential Filing and must give notice not later than 3:00 p.m. on the next day. Any recipient must designate any additional information for redaction by 3:00 p.m. on the third day after the filing.
Civil cases
Page 17 | Rule 5.1(e)(7)(A)
For other Confidential Filings, the filer should give notice contemporaneously but must do so by 3:00 p.m. two days after filing; recipients must designate additional information for redaction by 3:00 p.m. on the fifth day after filing.
Otherwise, the filer should give notice contemporaneously with the Confidential Filing and must give notice not later than 3:00 p.m. two days after the filing. Any recipient must designate any additional information for redaction by 3:00 p.m. on the fifth day after the filing.
Civil cases
Page 18 | Rule 5.1(e)(7)(B)
Unless the Court orders otherwise, a challenge notice cannot be filed until ten days after the Confidential Filing is filed.
Unless the Court orders otherwise, a challenge notice cannot be filed until ten days after the filing of the Confidential Filing.
Civil cases
Page 18 | Rule 5.1(g)(3)
The filer must file the public version of a Confidential Filing subject to a Rule 5.1(e) notice on the day after the deadline for designating additional redactions.
The filer must file a public version of every Confidential Filing that was the subject of a Rule 5.1(e) notice the day after the deadline for designating additional information for redaction.
Civil cases
Page 18 | Rule 5.1(f)(2)
Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion.
Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion.
Civil cases
Page 19 | Rule 5.1(g)(6)(B)
The filer must give notice within five days after the challenge notice is filed.
the filer must give notice within five days after the filing of the challenge notice
Civil cases
Page 19 | Rule 5.1(g)(5)(A)
A notice recipient must designate any additional information for redaction within 10 days after the challenge notice is filed.
any recipient of notice must designate any additional information for redaction within 10 days of the filing of the challenge notice.
Civil cases
Page 19 | Rule 5.1(g)(5)(B)
A person seeking to maintain confidential treatment must move within five days after the challenge notice is filed.
Any person seeking to maintain confidential treatment must move within five days after the filing of the challenge notice.
Civil cases
Page 19 | Rule 5.1(g)(6)(A)
If the Register in Chancery is inaccessible on the last day for filing, the period extends to the first accessible day that is not a Saturday, Sunday, or legal holiday, unless the Court orders otherwise.
(3) Inaccessibility of the Register in Chancery. Unless the Court orders otherwise, if the Register in Chancery is inaccessible on the last day of a period, then the period for any filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday.
Civil cases
Page 21 | Rule 6(a)(3)
For periods stated in hours, counting begins immediately, includes all hours, and a period ending on a weekend or legal holiday continues until the same time on the next non-weekend, non-holiday day.
(2) Period Stated in Hours. When the period is stated in hours: (A) Begin counting immediately on the occurrence of the event that triggers the period. (B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays. (C) If the period would end on a Saturday, Sunday, or legal holiday, the period continues until the same time on the next day that is not a Saturday, Sunday, or legal holiday.
Civil cases
Page 21 | Rule 6(a)(2)
A period ending on a Saturday, Sunday, or legal holiday continues through the end of the next day that is not one of those days.
period continues until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Civil cases
Page 21 | Rule 6
A party’s deadline to act within a specified time after service is extended by three calendar days when service is exclusively by mail; this extra time does not apply to acts of the Court.
The time period calculated under Rule 6(a) is extended by three calendar days when: (A) an act may or must be done within a specified time after service; and (B) service is made exclusively by mail. (2) The additional three-day period applies only to acts by parties and not to acts of the Court.
Civil cases
Page 22 | Rule 6(c)
A sanctions motion must not be filed or presented if the challenged matter is withdrawn or appropriately corrected within 21 days after service, or within another period set by the Court.
The motion must be served under Rule 5, but it must not be filed or be presented to the Court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the Court sets.
Civil cases
Page 32 | Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
A motion for a more definite statement must be made before the party files a responsive pleading.
The party must move before filing a responsive pleading,
Civil cases
Page 34 | Rule 12(e)
A motion to strike must be made before responding to the pleading or, if no response is allowed, within 20 days after service of the pleading.
The party must move either before responding to the pleading or, if a response is not allowed, within 20 days after being served with the pleading.
Civil cases
Page 35 | Rule 12(f)
For a Report or Draft Report addressing an uncontested petition or with expedited exceptions, a party must file a notice of exceptions within three days and proceed under Rule 144(d)(2).
a party taking exceptions to a Report or Draft Report addressing an uncontested petition, or for which the Magistrate in Chancery has expedited exceptions, must file a notice of exceptions within three days of the Report or Draft Report and proceed under Rule 144(d)(2).
Civil cases
Page 5 | Rule 144. Magistrate in Chancery Reports
Service and Proof of Service Rules
A summons, or a copy when addressed to multiple defendants, must be issued for each defendant to be served.
A summons—or a copy of the summons if addressed to multiple defendants—must be issued for each defendant to be served.
Civil cases
Page 4 | Rule 4. Process
Anyone other than the sheriff who wishes to serve process in person for the Court’s matters must register with the Register in Chancery.
All persons—except the sheriff—wishing to serve process in person for the Court’s matters must be registered with the Register in Chancery.
Civil cases
Page 5 | (c) Service of Process
A person without capacity must be served in the manner prescribed by law.
A person without capacity, by serving process in the manner prescribed by law;
Civil cases
Page 5 | (d) Personal Service
An individual with capacity may be served personally, through a suitable resident at the individual’s home, or through an agent authorized to receive process.
An individual other than a person without capacity, by: (A) delivering process to the individual personally; (B) leaving process at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering process to an agent authorized by appointment or by law to receive service of process;
Civil cases
Page 5 | (d) Personal Service
The summons and complaint must be served together.
Service of process means service of both the summons and the complaint. The summons and complaint must be served together.
Civil cases
Page 5 | (c) Service of Process
A Delaware or foreign entity must be served in the manner provided by statute.
A Delaware or foreign entity—with or without separate legal existence—by serving process in the manner provided by statute;
Civil cases
Page 5 | (d) Personal Service
The Register in Chancery must cause the order to be published as the Court directs.
The Register in Chancery will cause the order to be published as directed by the Court.
Civil cases
Page 6 | (f) Service Under 10 Del. C. § 365
Service under 10 Del. C. § 365 is accomplished when the Court order is complied with.
Service is accomplished upon compliance with the Court order.
Civil cases
Page 6 | (f) Service Under 10 Del. C. § 365
The Register in Chancery must mail the summons as prescribed by the consent statute and within the time that statute requires.
Within the time required by the consent statute, the Register in Chancery must mail a copy of the summons as prescribed by the statute.
Civil cases
Page 6 | (e) Service Under a Consent Statute
If the defendant fails to appear and the plaintiff posts the required security, the sequestrator must serve a certified copy of the order on the person possessing, controlling, or having custody of the property.
(4) If the defendant fails to appear and the plaintiff posts the required security, then the sequestrator must: (A) serve a certified copy of the Court’s order on the person with possession, custody, or control of the property;
Civil cases
Page 7
If a last-known address has been provided, the Register in Chancery will send the order by registered or certified mail.
(3) The Register in Chancery will: (B) send the order by registered or certified mail if a last-known address has been provided.
Civil cases
Page 7
The Register in Chancery will cause the order to be published as directed by the Court.
(3) The Register in Chancery will: (A) cause the order to be published as directed by the Court;
Civil cases
Page 7
Service is accomplished when the Court order is complied with.
(7) Service is accomplished upon compliance with the Court order.
Civil cases
Page 8
The recipient must deliver the directed affidavit within 10 days after service of the order.
(5) The sequestrator may seize property that is, or appears to be, not susceptible of physical seizure by serving on the person with possession, custody, or control of the property a writing directing the person to: (A) retain the property until the Court’s further order or notice from the sequestrator; (B) promptly notate that the property is sequestered by Court’s order; and (C) within 10 days after service of the order, deliver an affidavit:
Civil cases
Page 8
Proof of service of process must be filed promptly with the Register in Chancery; service other than sheriff service must be proven by affidavit, and failure to prove service does not invalidate it.
(i) Proof of Service. Proof of service of process must be filed promptly with the Register in Chancery. Except for service by the sheriff, service must be proven by affidavit. Failure to prove service does not affect the validity of service.
Civil cases
Page 8 | Proof of Service
A party in default need not be served, except that a pleading asserting a new claim for relief against that party must be served under Rule 4.
No service is required on a party in default. But a pleading that asserts a new claim for relief against a party in default must be served on that party under Rule 4.
Civil cases
Page 9 | Rule 5. Service and Filing; Appearance and Withdrawal
When service of process was accomplished by seizing property, service under Rule 5 before an appearance is filed must be made on the person who had custody, possession, or control of the property when seized.
If service of process was accomplished by seizing property, any service under this rule before the filing of an appearance must be made on the person who had custody, possession, or control of the property when it was seized.
Civil cases
Page 9 | Rule 5. Service and Filing; Appearance and Withdrawal
For a represented party, Rule 5 service must be made on the attorney unless a statute or the Court requires service on the party, and service on the attorney has the same effect as service on the party.
If a party is represented by an attorney, service under this rule must be made on the attorney unless a statute or the Court requires service on the party. Service on an attorney has the same effect as service made on the party represented by that attorney.
Civil cases
Page 9 | Rule 5. Service and Filing; Appearance and Withdrawal
Unless these rules or the Court provides otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint; (C) a discovery paper required to be served on a party; (D) a written motion, brief, or letter—except one that may be heard ex parte; and (E) a written notice, appearance, demand, or any similar paper.
Unless these rules or the Court provides otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint; (C) a discovery paper required to be served on a party; (D) a written motion, brief, or letter—except one that may be heard ex parte; and (E) a written notice, appearance, demand, or any similar paper.
Civil cases
Page 9 | Rule 5. Service and Filing; Appearance and Withdrawal
A paper may be served by handing it to the person.
handing it to the person;
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
A paper may be served by another method to which the person consented in writing, and service is complete when it is delivered to the designated delivery agency.
delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
A paper may be served by leaving it at the person’s office as specified or, if the person has no office or it is closed, at the person’s dwelling or usual abode with a suitable resident.
leaving it: (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
If the person has no known address, a paper may be served by leaving it with the Register in Chancery.
leaving it with the Register in Chancery if the person has no known address;
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
Testimony may be designated on the record at disclosure or before testimony concludes, or by written notice to all parties within five days after receipt of the first rough or final transcript, identifying the transcript or portions designated.
For Testimony, by (i) stating on the record at the time of the disclosure or before the conclusion of the Testimony or (ii) written notice, sent to all Parties within five days of receipt of the rough or final transcript (whichever is received first) designating the entire transcript or portions thereof.
Civil cases
Page 4 | 5. Designation of Discovery Material
Filing Fees and Waivers
A party commencing an action must pay an initial nonrefundable deposit unless the matter falls within one of the listed exceptions.
To commence an action, a party must pay an initial nonrefundable deposit, except in matters: (i) concerning a trust; (ii) concerning a guardianship; (iii) for partition; (iv) for a decree of distribution; (v) to sell real property to pay debts; (vi) for instructions; (vii) for an adjudication of presumed death; (viii) for an order disposing of remains; (ix) for elective share; (x) to admit a will to probate; (xi) for a rule to show cause to compel return of assets; and (xii) for a distribution order to discharge estate debt.
Civil cases
Page 2 | Rule 3. Commencing an Action; Related Deposits, Fees, and Charges
The initial nonrefundable deposit is separate from any other fees or charges due to commence the case.
The initial nonrefundable deposit is in addition to any other fees or charges due to commence the case.
Civil cases
Page 2 | Rule 3. Commencing an Action; Related Deposits, Fees, and Charges
A technology surcharge must be paid for each filing.
a technology surcharge for each filing;
Civil cases
Page 3 | Additional Fees
A supplemental court security fee must be paid for each initial civil filing and deposited in the Court Security Fund.
a supplemental court security fee for each initial civil filing, to be deposited in the Court Security Fund, pursuant to 10 Del. C. § 8505.
Civil cases
Page 3 | Additional Fees
A party seeking a sequestration order must pay an additional deposit, part of which is set aside for any court-ordered sequestrator fee.
(3) Sequestration Deposit. In an action seeking a sequestration order, a party must pay an additional deposit. The Register in Chancery will set aside part of the additional deposit to pay the sequestrator any Court-ordered fee.
Civil cases
Page 3 | Sequestration Deposit
A self-represented party delivering a paper to the Register in Chancery for filing must include the required filing fee.
A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.
Civil cases
Page 10 | Rule 5. Service and Filing; Appearance and Withdrawal
Commencing mediation requires submitting a petition and the filing fee specified by the Register in Chancery.
Mediation is commenced by submitting to the Register in Chancery a petition for mediation (hereinafter a “petition”) and the filing fee specified by the Register in Chancery.
Civil cases
Page 131 | Rule 94(a)(1). Petition
The initial consent-petition filing fee includes one proposed order, and each additional proposed order incurs a fee equal to the fee for filing one proposed order.
The initial filing fee for a consent petition will include the cost of filing one proposed order. If more than one proposed order is submitted with a consent petition, an additional fee equal to the fee charged for filing one proposed order shall be charged for each additional proposed order submitted.
Civil cases
Page 143 | Rule 104. Consent Petition Proposed Orders and Application of Rules
The pro hac vice admission assessment payment must be attached; it is $375 in 2015, $400 in 2016, and increases annually thereafter based on inflation as determined by the Delaware Supreme Court.
That a payment for the pro hac vice admission assessment determined by the Delaware Supreme Court is attached to be deposited in the Supreme Court registration fund for the purpose of the governance of the Bar of its Court and may be distributed pursuant to Supreme Court Rule 69. The pro hac vice admission assessment shall be $375 in calendar year 2015, $400 in calendar year 2016, and thereafter increased annually by the rate of inflation as determined by the Delaware Supreme Court;
Civil cases
Page 181
At the conclusion of mediation in a guardianship matter, probate dispute, or dispute involving a deed covenant or restriction, the parties are assessed an additional court cost set by the court’s published fee schedule.
At the conclusion of the mediation in any guardianship matter, probate dispute or dispute involving a deed covenant or restriction, the parties shall be assessed an additional court cost in the amount listed on the court’s published fee schedule.
Civil cases
Page 190
At the conclusion of mediation in a civil action or matter involving a trust, the parties are assessed an additional court cost set by the court’s published fee schedule.
At the conclusion of the mediation in any civil action or matter involving a trust, the parties shall be assessed an additional court cost in the amount listed on the court’s published fee schedule.
Civil cases
Page 190
The Register of Wills must make charges as provided by statute, and charges for matters not covered by statute are set by court order.
The Register of Wills shall make charges as provided by 12 Del. C. § 2510. Charges for matters not covered by statute shall be fixed by court order.
Civil cases
Page 230 | Rule 204. Court Costs
A party proceeding in forma pauperis must pay any recovery to the Register, who deducts fees or costs due and disburses the balance.
Any recovery—by judgment, settlement, or otherwise—obtained by a party proceeding in forma pauperis must be paid to the Register. The Register will deduct fees or costs otherwise due and disburse the balance.
Civil cases
Page 30 | Rule 83. Proceedings In Forma Pauperis
A party commencing an action must pay an initial nonrefundable deposit unless the matter falls within one of the listed exceptions.
To commence an action, a party must pay an initial nonrefundable deposit, except in matters: (i) concerning a trust; (ii) concerning a guardianship; (iii) for partition; (iv) for a decree of distribution; (v) to sell real property to pay debts; (vi) for instructions; (vii) for an adjudication of presumed death; (viii) for an order disposing of remains; (ix) for elective share; (x) to admit a will to probate; (xi) for a rule to show cause to compel return of assets; and (xii) for a distribution order to discharge estate debt.
Civil cases
Page 3 | Deposits for Fees and Charges
A party seeking a sequestration order must pay an additional deposit.
In an action seeking a sequestration order, a party must pay an additional deposit.
Civil cases
Page 4 | Deposits for Fees and Charges
A party must pay a supplemental court security fee for each initial civil filing.
a supplemental court security fee for each initial civil filing, to be deposited in the Court Security Fund, pursuant to 10 Del. C. § 8505.
Civil cases
Page 4 | Additional Fees
A party must pay a technology surcharge for each filing.
a technology surcharge for each filing;
Civil cases
Page 4 | Additional Fees
If the initial deposit is exhausted, a party may be required to pay an additional deposit before performing further action.
If the initial nonrefundable deposit is exhausted, a party may be required to pay an additional deposit before performing
Civil cases
Page 2 | Rule 3. Commencing an Action; Related Deposits, Fees, and Charges
The Register in Chancery assesses the deposits, fees, and charges listed in its published schedule.
The Register in Chancery will assess the deposits, fees, and charges identified in a schedule published by the Register in Chancery.
Civil cases
Page 3 | Schedule of Deposits, Fees, and Charges
A non-Delaware resident may be required to post security for costs.
A non-Delaware resident may be required to post security for costs.
Civil cases
Page 3 | Security for Costs Incurred by Non-Resident Plaintiffs
A party unable to afford Court fees or costs may apply to proceed in forma pauperis.
(a) Application. Any party who cannot afford to pay Court fees or costs may apply to proceed in forma pauperis.
Civil cases
Page 126 | Rule 83(a). Application
If the Court grants an in forma pauperis application, it may waive all or part of the fees or costs or approve a payment schedule.
(b) Determination. If the Court grants the application, the Court may waive all or part of the fees or costs, or approve a payment schedule.
Civil cases
Page 126 | Rule 83(b). Determination
Non-payment may result in rejection of a filing or dismissal of an action.
A filing may be rejected or an action dismissed for non-payment.
Civil cases
Page 127
Filing fees and costs for technology disputes are established by a Court Standing Order maintained by the Register in Chancery.
The filing fees and costs for a technology dispute shall be established by a Standing Order of the Court which shall be maintained by the Register in Chancery.
Civil cases
Page 130 | Rule 92. Consent to Litigate
Courtesy Copy Requirements
A party may deliver two copies of each motion, brief, or letter to the assigned judicial officer in addition to electronic filing.
A party may deliver two copies of each motion, brief, or letter to the judicial officer assigned to the case, in addition to filing it electronically.
Civil cases
Page 30 | Rule 10(e)(1)
Sealing & Redaction Procedures
Unless the Court orders otherwise, parties must omit or, if inclusion is unavoidable, redact social security numbers, minor children’s names, dates of birth, and complete financial account numbers from filed papers.
(k) Personally Identifying Information. Unless otherwise ordered by the Court, parties must not include— or must redact where inclusion is unavoidable—the following personal identifiers in papers filed with the Court: (1) social security numbers; (2) names of minor children; (3) dates of birth; and (4) complete financial account numbers.
Civil cases
Page 13 | Personally Identifying Information
Public access to a Filed Document may be limited only if it contains information maintained confidentially, not otherwise publicly available, whose public disclosure would cause particularized harm outweighing the public interest.
(b) Confidential Information. (1) Public access to a Filed Document may be limited only if the Filed Document contains Confidential Information. (2) “Confidential Information” means information: (A) that is maintained confidentially; (B) that is not otherwise publicly available; (C) where public access to the information will cause particularized harm; and (D) where the magnitude of the harm from public access to the information outweighs the public interest in the information.
Civil cases
Page 14 | Confidential Information
A person must make a Confidential Filing if the person believes someone else would contend that the paper contains Confidential Information.
(2) A person must make a Confidential Filing if the person believes that another person would contend that the paper contains Confidential Information.
Civil cases
Page 16 | Making a Confidential Filing
The notice must not be filed with the Register in Chancery.
(5) Notice Not Filed. The notice is not filed with the Register in Chancery.
Civil cases
Page 17 | Rule 5.1(e)(5)
A recipient who designates additional information for redaction must identify it within the time period set by the rule.
The recipient of notice must identify any additional information for redaction within the time period set by this rule.
Civil cases
Page 17 | Rule 5.1(e)(6)(B)
If a timely public version was required but was not filed before the challenge notice, the Register in Chancery must make the Confidential Filing publicly available.
If Rule 5.1(f)(1) required the filing of a timely public version of the challenged Confidential Filing, and if a public version of the challenged Confidential Filing was not filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly available.
Civil cases
Page 18 | Rule 5.1(g)(4)
If no public version exists, the filer must file one, and timely filing satisfies the challenge notice.
and a public version does not exist, then the filer of the Confidential Filing must file a public version. The timely filing of a public version satisfies the challenge notice.
Civil cases
Page 19 | Rule 5.1(g)(5)
When a public version was filed before the challenge notice, the Register must make the Confidential Filing public unless someone timely moves to maintain confidential treatment.
If a public version of the challenged Confidential Filing has been filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly accessible unless a person timely moves for an order maintaining its confidential treatment.
Civil cases
Page 19 | Rule 5.1(g)(6)
An aggrieved person or entity may move for public access to a confidential matter, and the Court determines whether good cause supports access.
Any person or entity aggrieved by the confidential treatment provisions of this rule may file a motion with the Court requesting public access to the matter. A copy of such motion shall be served upon any known party to the action. Any party to the action who believes that continued confidential treatment is required shall file a response to the motion within eleven days. After considering the motion and any response thereto, the Court shall determine whether good cause exists to allow public access to all or any portion of the record or the proceedings, notwithstanding the privacy concerns inherent in these fiduciary matters.
Civil cases
Page 129 | Rule 90. Access to Documents Filed with the Court in Civil Miscellaneous Actions
Matters docketed as Civil Miscellaneous (C.M.) actions including, but not limited to, guardianships, and associated miscellaneous petitions are confidential and not subject to public disclosure or access by the general public. The confidential treatment of Civil Miscellaneous (C.M.) actions is not subject to the provisions of Rule 5.1 governing public access to documents filed with the Court in Civil Actions.
Matters docketed as Civil Miscellaneous (C.M.) actions including, but not limited to, guardianships, and associated miscellaneous petitions are confidential and not subject to public disclosure or access by the general public. The confidential treatment of Civil Miscellaneous (C.M.) actions is not subject to the provisions of Rule 5.1 governing public access to documents filed with the Court in Civil Actions.
Civil cases
Page 129 | Rule 90. Access to Documents Filed with the Court in Civil Miscellaneous Actions
For material filed under seal, substitute an appropriately worded page or document in its place and link to that substitute.
(i) To the extent any portion of a CD-ROM brief shall be filed under seal, the parties shall substitute an appropriately worded page or document into location of the document or portion of the document to be filed under seal. The hyperlink for the page or document shall link to the substituted page or document.
Civil cases
Page 184
A CD-ROM brief filed under seal must include the entire e-brief and all materials, and its label must state “Filed under seal.”
(ii) A CD-ROM brief filed under seal shall include the entire e-brief including all materials and the label shall include: “Filed under seal.”
Civil cases
Page 184
Nonpublic information received from other parties during mediation may be used only for the mediation.
Information received from other parties during the mediation that the recipient does not already have or that is not public shall be used only for the mediation and not for any other purpose.
Civil cases
Page 188
Mediation confidentiality may be waived only through a written agreement signed by all parties and the mediator.
The confidentiality of the mediation can be waived only by a written agreement signed by all parties and the mediator.
Civil cases
Page 188
The mediator’s files and communications related to the controversy in or connected with mediation are confidential.
All memoranda, work product, and other materials contained in the files of the mediator are confidential. All communications made in or in connection with the mediation that relate to the controversy being mediated, whether with the mediator or a party during the mediation, are confidential.
Civil cases
Page 188
Mediation is confidential, and only the mediator, parties, and their representatives may participate unless all parties consent otherwise.
Mediation is a confidential proceeding. Unless all parties consent, only the mediator, the parties, and their representatives may participate in the mediation.
Civil cases
Page 188
Except for the referral order, the mediation record is confidential and unavailable to the public, and mediation materials are excluded from the public docket.
Except for the order of referral, the record of the mediation is confidential and not available for public access. The Register in Chancery will not include any mediation materials as part of the public docketing system.
Civil cases
Page 188
Counsel must obtain a required signed Undertaking before providing Confidential Discovery Material and retain it while the litigation is pending.
11. Counsel for any Party who provides Confidential Discovery Material to any person required to execute an Undertaking must obtain the signed Undertaking before providing the Confidential Discovery Material and retain the signed Undertaking during the pendency of the Litigation.
Civil cases
Page 7 | 11
A Witness may receive Confidential Discovery Material only after agreeing on the record or by signing an Undertaking to abide by the Stipulation, or after a court orders the person to do so.
10. Confidential Discovery Material may be provided to a Witness only after (i) the person agrees to abide by this Stipulation by making a statement on the record or by signing an Undertaking, or (ii) a court of competent jurisdiction orders the person to abide by the terms of this Stipulation.
Civil cases
Page 7 | 10
Confidential Discovery Material may not be disclosed to a person working with an expert who is a competitor of, or employed by a competitor of, the Producing Person unless the Court orders otherwise or the Producing Person consents.
however, Confidential Discovery Material may not be disclosed to any person working with the expert who is a Competitor or an employee of a Competitor of the Producing Person absent further order of the Court or consent of the Producing Person.
Civil cases
Page 7 | 2–16. Handling, designation, access, and protection of Confidential Discovery Material
Anyone disclosing Confidential Discovery Material must tell the recipient it is disclosed under the Stipulation and that it must be protected against unauthorized disclosure.
12. Any person providing Confidential Discovery Material to another person must state that the information is being disclosed under this Stipulation and that the person receiving the Confidential Discovery Material must maintain it in a manner reasonably calculated to prevent unauthorized disclosure.
Civil cases
Page 7 | 12
Discovery Material remains confidential while a motion to vacate its confidentiality designation is pending.
While the motion is pending, the Discovery Material remains Confidential Discovery Material.
Civil cases
Page 8 | 14
Confidential Discovery Material used in open court or introduced as a trial exhibit becomes public unless the Producing Person obtains a court order maintaining its confidential status.
If any Confidential Discovery Material is used in open court during any proceeding or introduced into evidence as a trial exhibit, the material loses its confidential status and becomes part of the public record, unless the Producing Person applies for and obtains an order from the Court specifically maintaining the confidential status of the material.
Civil cases
Page 11 | Stipulation and [Proposed] Order for the Production and Exchange of Confidential Information
Pre-Motion Conference Requirements
A party may not file a reply supporting a motion for reargument or clarification unless the Court requests one.
Unless the Court requests, a party may not file a reply in support of a motion for reargument or clarification.
Civil cases
Page 113 | Reargument; Clarification — Reply
No opposition or reply may be filed concerning the transcript-related extension motion without leave of the Court.
After an oral ruling, any party may move within five days of the ruling for an extension to permit receipt of the transcript; no one may file an opposition or reply without leave of the Court.
Civil cases
Page 113 | Reargument; Clarification — Time
The Parties must meet and confer in good faith to resolve disputes over Irrelevant Material; no sequence relative to a motion is stated.
The Parties agree to meet and confer in good faith to resolve any disputes over Irrelevant Material.
Civil cases
Page 7 | Quick-Peek Stipulation and [Proposed] Order (¶¶ 1–11)
The parties must meet and confer in good faith before filing a motion relating to the Stipulation.
16. The Parties must meet and confer in good faith before filing any motion relating to this Stipulation.
Civil cases
Page 8 | 16
A party may not file a reply in support of a motion for reargument or clarification unless the Court requests one.
Unless the Court requests, a party may not file a reply in support of a motion for reargument or clarification.
Civil cases
Page 11 | Rule 59(c)(3)
For an extension motion after an oral ruling to permit receipt of the transcript, no opposition or reply may be filed without leave of the Court.
After an oral ruling, any party may move within five days of the ruling for an extension to permit receipt of the transcript; no one may file an opposition or reply without leave of the Court.
Civil cases
Page 11 | Rule 59(c)(1)
The Parties must meet and confer in good faith before filing a motion relating to the Stipulation.
The Parties must meet and confer in good faith before filing any motion relating to this Stipulation.
Civil cases
Page 11
Parties may submit an agreed briefing schedule for Court approval by stipulation and proposed order; if they cannot agree, any party may seek an order setting the schedule.
(1) Parties may submit a briefing schedule for Court approval by stipulation and proposed order. (2) If the parties cannot reach agreement, any party may seek an order fixing a briefing schedule.
Civil cases
Page 26 | (f) Scheduling and Argument
Any party may request a hearing, but the Court may deny the request and rule without one.
(3) Any party may request a hearing. The Court may grant the request or rule without a hearing.
Civil cases
Page 26 | (f) Scheduling and Argument
Adjournment & Extension Requirements
After a specified time expires, the Court may extend it on motion if the party failed to act because of excusable neglect.
When an act may or must be done within a specified time, the Court may, for good cause shown, extend the time: (B) on motion made after the time has expired if the party failed to act because of excusable neglect.
Civil cases
Page 21 | Rule 6(b)(1)(B)
For good cause shown, the Court may extend a specified time before it or an existing extension expires, with or without a motion or notice.
When an act may or must be done within a specified time, the Court may, for good cause shown, extend the time: (A) with or without motion or notice if the Court acts, or if a request is made, before the time or its extension expires;
Civil cases
Page 21 | Rule 6(b)(1)(A)
The Court must not extend the time for an action under Rule 59(b), (d), or (e), except as those provisions allow.
The Court must not extend the time for taking any action under Rule 59(b), (d), or (e), except to the extent and under the conditions stated in them.
Civil cases
Page 21 | Rule 6(b)(2)
A continuance motion based on a material witness’s absence or unavailability must be filed as soon as that circumstance becomes known; the Court may refuse it if the opposing party stipulates to the expected testimony, and the affidavit may then be offered at trial.
Every motion for continuance upon the ground of the absence of or unavailability of a material witness shall be filed as soon as said absence or unavailability becomes known and shall be accompanied by an affidavit on behalf of the party applying therefor, setting forth the facts which the party expects to prove by such witness, the efforts made to procure the attendance of the witness, and the date when the absence or unavailability of the witness became known. If it be stipulated by the opposite party, that the witness if called would testify as set forth in the affidavit, the Court, in its discretion, may refuse the motion, and under such circumstances, the affidavit may be offered in evidence at the trial.
Civil cases
Page 97 | Continuance; Absence of Material Witness
Before the temporary restraining order expires, the Court may extend it for cause for up to 30 additional days, or the restrained party may consent to a longer extension.
unless before that time the Court extends it for cause for up to an additional 30 days or the restrained party consents to a longer extension.
Civil cases
Page 117 | Rule 65(b)(2) Contents; Expiration
The Magistrate may set a deadline for parties to close their proofs and extend it for good cause for a reasonable time as justice requires.
The Magistrate in Chancery may fix a day within which any party shall close its proofs, which time the Magistrate in Chancery may for good cause shown extend for such reasonable time as justice may require
Civil cases
Page 167 | Rule 142. Limiting Time for Taking Testimony
When the order of reference sets both the start of testimony and the time for closing proofs, the Magistrate may not extend the time beyond the named day.
Where the order of reference specifies the time to begin taking testimony before the Magistrate in Chancery, and also the time for closing proofs, the Magistrate in Chancery shall have no power to extend the time beyond the day named in the order
Civil cases
Page 167 | Rule 141. Time for Taking Testimony
Parties to mandatory mediation must participate in good faith and may not withdraw from or adjourn mediation without the mediator’s consent.
Parties to mandatory mediation are required to participate in the mediation in good faith and may not withdraw or adjourn the mediation without the consent of the mediator.
Civil cases
Page 187
The Court may not extend the time for actions under Rule 59(b), (d), or (e), except as those provisions allow.
The Court must not extend the time for taking any action under Rule 59(b), (d), or (e), except to the extent and under the conditions stated in them.
Civil cases
Page 27 | Rule 6(b)(2)
The Court may extend a specified time for good cause if it acts or receives a request before the time expires, with or without motion or notice; after expiration, it may extend time on motion if the failure to act resulted from excusable neglect.
When an act may or must be done within a specified time, the Court may, for good cause shown, extend the time: (A) with or without motion or notice if the Court acts, or if a request is made, before the time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect.
Civil cases
Page 27 | Rule 6(b)(1)
For relation back, the Court may allow additional time beyond the 120-day notice period for good cause shown.
(3) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(2) is satisfied and, within 120 days of the filing of the complaint, or such additional time the Court allows for good cause shown, the party to be brought in by amendment: (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits; and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.
Civil cases
Page 41 | Rule 15(c)(3)
For cause shown, the Court may enlarge or shorten the time for taking a deposition.
The Court may for cause shown enlarge or shorten the time for taking the deposition.
Civil cases
Page 76 | Rule 30. Depositions upon Oral Examination
For cause shown, the Court may enlarge or shorten the time for serving deposition questions.
The Court may for cause shown enlarge or shorten the time.
Civil cases
Page 82 | Rule 31. Depositions Upon Written Questions
The Court may shorten or extend the response period.
The Court may allow a shorter or longer time.
Civil cases
Page 88 | Rule 34(b) Procedure
The Court may extend the period for filing account exceptions for good cause.
For good cause the Court may grant extensions to the period for filing exceptions to an account.
Civil cases
Page 152 | Rule 123. Exceptions to an Account
The Court may adjourn a hearing for cause.
At the hearing, the Court may take evidence or, for cause, adjourn the hearing.
Civil cases
Page 15 | Rule 177. Hearings; Notice; Proof of Service
The Court may grant a continuance to allow an objecting party to meet evidence offered at trial.
The Court may grant a continuance to enable the objecting party to meet the evidence.
Civil cases
Page 43 | Rule 15
The Court may grant a continuance to give the objecting party an opportunity to meet the evidence.
The Court may grant a continuance to enable the objecting party to meet the evidence.
Civil cases
Page 40 | Rule 15(b)(1)
A Magistrate in Chancery may grant adjournments and extensions of time.
to grant adjournments and extensions of time;
Civil cases
Page 164 | TITLE XIV. MAGISTRATES IN CHANCERY
The Court may adjourn a hearing for cause.
At the hearing, the Court may take evidence or, for cause, adjourn the hearing.
Civil cases
Page 201 | Rule 177. Hearings; Notice; Proof of Service
Chambers Communication Rules
An emergency application must first be made to the assigned Court member; if that member is unavailable, it must be made to the Chancellor, and if the Chancellor is unavailable, it may be made to another Court member as the situation dictates.
An emergency application shall be made in the first instance to the member of the Court to whom the matter is assigned. In the event such member of the Court is unavailable, the emergency application shall be made to the Chancellor. In the event the Chancellor is unavailable, the emergency application may be made to such member of the Court as the situation dictates.
Civil cases
Page 185 | Rule 173(b). Emergency Applications
The guardian must notify the Register’s Office of an address or phone number change within 30 days after it occurs.
The guardian of the minor’s property shall notify the Register’s Office of any address or phone number change within 30 days of occurrence.
Civil cases
Page 207 | paragraph (c)(6)
Letters may transmit courtesy copies, update the Court, address logistics or scheduling, or address disputes over forms of order, but may not request other relief without Court authorization.
(1) Purpose. A letter may be used to transmit courtesy copies of other documents, provide an update to the Court, address logistical or scheduling issues, or address disputes over forms of order. Without authorization from the Court, a party may not request other relief by letter.
Civil cases
Page 25 | (d)(1) Purpose
Before a case is assigned to a Court member, a party may apply for argument, a hearing, or a trial date by calling or writing the Chancellor or filing a motion with the Register in Chancery.
Prior to the assignment of a case to a member of the Court, applications may be made by calling or writing the Chancellor or filing a motion with the Register in Chancery.
Civil cases
Page 185 | Rule 173(a). Argument or Trial Date
After a case is assigned, a party may apply for argument, a hearing, or a trial date by calling or writing the assigned Court member or filing a motion with the Register in Chancery.
Following the assignment of a case to a member of the Court, applications may be made by calling or writing the member of the Court to whom the case has been assigned or filing a motion with the Register in Chancery.
Civil cases
Page 185 | Rule 173(a). Argument or Trial Date
An attorney ad litem must advise the Court if their view of the Represented Person’s best interests differs from that person’s wishes.
If the attorney ad litem’s view of the Represented Person’s best interests differs from the Represented Person’s wishes, then the attorney ad litem must advise the Court.
Civil cases
Page 199 | Rule 176. Attorney Ad Litem; Court Representative
The parties must confer and contact the Court to schedule a hearing on the exceptions.
(c) Hearing on the Exceptions. The parties shall confer and contact the Court to schedule a hearing on the exceptions to be conducted in the manner prescribed by Rule 198.
Civil cases
Page 228 | Rule 197. Exceptions to an Inventory or Accounting