Delaware Court of Chancery Filing Rules

A Delaware lawyer's letter may not merely transmit a letter from a non-Delaware lawyer.

The plaintiff may present a summons to the Register in Chancery for signature and seal on or after filing the complaint.

The Register in Chancery furnishes the person making service with sufficient copies.

A party commencing an action must pay an initial nonrefundable deposit unless the matter falls within one of the listed exceptions.

The officer must securely seal the deposition in an envelope endorsed with the action title and marked with the witness's name.

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.

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.

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.

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.

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.

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.

A party may deliver two copies of each motion, brief, or letter to the assigned judicial officer in addition to electronic filing.