Delaware Court of Chancery Adjournment & Extension Requirements

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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;

CRITICALCivil cases

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.

CRITICALCivil cases

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

WARNINGCivil cases

The Court may adjourn a hearing for cause.

At the hearing, the Court may take evidence or, for cause, adjourn the hearing.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

The Court may shorten or extend the response period.

The Court may allow a shorter or longer time.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

INFOCivil cases

A Magistrate in Chancery may grant adjournments and extensions of time.

to grant adjournments and extensions of time;

INFOCivil cases

The Court may adjourn a hearing for cause.

At the hearing, the Court may take evidence or, for cause, adjourn the hearing.

INFOCivil cases

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.