Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

The petition must include the final award in the Arbitration.

The petition must be accompanied by the final award in the Arbitration.

CRITICALCivil cases

Applies to

Objection

An objection to the appointed guardian ad litem must explain why the selected guardian cannot or should not serve.

Such objection shall specify the reasons why the party believes the guardian selected by the Court cannot or should not serve in that capacity.

CRITICALCivil cases

Applies to

Petition to modify trust by consent

A petition relying on consents given by representation must conform with Rule 103.

Any petition which relies upon such consents also must conform with the requirements of Rule 103.

CRITICALCivil cases

If bond is required, the required paragraph must state the bond deadline and that no copy of the final order will be released before the bond is filed.

(E) if bond is required, a paragraph stating that the bond must be executed and filed within seven days of the entry of the order and that no copy of the final order, whether certified or not, will be released until the bond is filed;

CRITICALCivil cases

Applies to

Mediation petition

A mediation petition must be signed by Delaware counsel as defined in Rule 170(b).

The petition must be signed by Delaware counsel, as defined in Rule 170(b).

CRITICALCivil cases

Applies to

Settlement submission

A proposed settlement submission must include the definitive agreement governing the settlement.

(C) if a settlement, the definitive agreement governing the settlement.

CRITICALCivil cases

Applies to

Petition

If a minor is entitled to property or funds exceeding $25,000 inclusive of costs and attorneys’ fees, a petition to appoint a limited guardian must be filed.

If a minor is entitled to receive property or funds of more than $25,000, inclusive of costs and attorneys’ fees, a petition shall be filed to appoint a limited guardian of the minor’s property, as provided in 12 Del. C. § 3901(l).

CRITICALCivil cases

Applies to

Allowance petition

A receiver seeking compensation or allowances for the receiver’s attorney must file a petition with the account describing their services and the compensation sought for each.

A receiver desiring compensation for services and allowances for expenses and services of the receiver’s attorney shall file with the account a petition for such allowances, stating generally therein the services rendered by such receiver and the receiver’s attorney and the compensation desired for the services of each.

CRITICALCivil cases

Applies to

Dismissal or settlement submission

Parties submitting a proposed dismissal or settlement must file the specified affidavit and, depending on the proposal, a proposed dismissal order or definitive settlement agreement.

The parties submitting the proposed dismissal or settlement must file: (A) a further affidavit from each derivative plaintiff that meets the requirements of Rule 23.1(b)(2); (B) if a dismissal, a proposed form of order stating the terms on which the action will be dismissed; or (C) if a settlement, the definitive agreement governing the settlement.

CRITICALCivil cases

Applies to

Report

A Report must be filed on the docket and include sufficient factual findings and legal rulings to support it and permit de novo review.

A Report must be filed on the docket and include factual findings and legal rulings sufficient to support the Report and permit de novo review by the Chancellor or a Vice Chancellor (a “Reviewing Judge”).

CRITICALCivil cases

Applies to

Stipulation of dismissal

A stipulation of dismissal must be signed by all parties who have appeared in the action.

by filing a stipulation or dismissal signed by all the parties who have appeared in the action.

CRITICALCivil cases

Applies to

Privilege log

Responsive privileged material excluded from production must be logged after the excluded material is reviewed.

2. A Producing Person need not conduct a document-by-document review of Clawback Discovery Material before production; provided however, that a Producing Person must use keyword search terms (e.g., the names of counsel and law firms for the Producing Person), analytical software tools and/or other reasonable means to locate and exclude potentially Privileged Discovery Material before producing Discovery Material as Clawback Discovery Material. The Producing Person must review that excluded potentially Privileged Discovery Material and, if it is responsive, either (i) produce any non-privileged material or (ii) log any privileged material.

CRITICALCivil cases

Applies to

Account exceptions

Exceptions to an account referred to a Magistrate in Chancery must be filed with and heard by that Magistrate.

When an account is referred to a Magistrate in Chancery all exceptions thereto must be filed with the Magistrate in Chancery and heard by the Magistrate in Chancery

CRITICALCivil cases

Applies to

Petition

The petition must state the guardian and appointment details, any bond and surety, guardianship assets when applicable, interested parties, and the requested actions.

The petition shall be verified and shall set forth: (1) the name of the guardian, the date of the guardian’s appointment, the amount of any bond and the name of the guardian’s surety, if any; (2) if the petition concerns the property of the person with a disability, a summary of the guardianship assets; (3) a list of all interested parties entitled to receive notice of the petition in accordance with Rule 175(b)(3); and (4) a request for leave to take the requested actions.

CRITICALCivil cases

Applies to

Creditor claim

Claims asserting priority or a lien on corporate property must state any priority to which they are entitled.

Claims having priority and claims based upon liens on the property of the corporation shall contain a statement of the priority, if any, to which they are entitled.

CRITICALCivil cases

Applies to

Statement

For service under a consent statute, the plaintiff must file a signed statement containing the required addresses, entity registered-agent information, date of service, and any diligent efforts to obtain unknown information.

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.

CRITICALCivil cases

Applies to

Deposition notice

To take a deposition without leave under this exception, the plaintiff’s notice must state and support the deponent’s impending unavailability, and the plaintiff’s attorney must sign and certify it.

Leave of court is not required for the taking of a deposition by plaintiff if the notice (A) states that the person to be examined is about to go out of the State of Delaware and will be unavailable for examination unless the person’s deposition is taken before the expiration of the 30-day period, and (B) sets forth facts to support the statement. The plaintiff’s attorney shall sign the notice, and the attorney’s signature constitutes a certification by the attorney that to the best of the attorney’s knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by Rule 11 are applicable to the certification.

CRITICALCivil cases

Applies to

Petition

A covered petition to modify a trust by consent must detail how the required represented-beneficiary consents were obtained and what information was provided to the consenting parties.

In addition to complying with Rules 100-102, every petition to modify a trust by consent that includes one or more consents being given on behalf of any beneficiaries by representation under 12 Del. C. § 3547, or any successor statute, shall address with particularity the process used to obtain the required consents, including the information provided to the parties giving consent.

CRITICALCivil cases

Applies to

Notice of proposed dismissal or settlement

Unless the Court orders otherwise, notice of a proposed dismissal or settlement must clearly and plainly state the specified information.

(D) Contents of Notice. Unless the Court orders otherwise, the notice of a proposed dismissal or settlement must clearly and concisely state, in plain, easily understood language: (i) the location, date, and time of any hearing; (ii) the nature of the action; (iii) the definition of the class; (iv) a summary of the claims, issues, defenses, and relief that the class action sought; (v) a description of the terms of the proposed dismissal or settlement; (vi) any award of attorney's fees or expenses, or any representative-party award, that will be sought if the proposed dismissal or settlement is approved; (vii) instructions for objectors; (viii) that additional information can be obtained by contacting class counsel; (ix) how to contact class counsel; and (x) not to contact the Court with questions about the terms of the proposed dismissal or settlement.

CRITICALCivil cases

Applies to

Summons

A separate 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.

CRITICALCivil cases

Applies to

Temporary restraining order request

A temporary restraining order may issue without notice only if an affidavit or verified pleading shows immediate and irreparable harm before the adverse party can respond and the movant files a certification describing notice efforts and why notice should not be required.

The Court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or verified pleading clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant files a certification identifying any efforts made to give notice and the reasons why it should not be required.

CRITICALCivil cases

Applies to

Petition

The petitioner must verify the petition and state under penalty of perjury that its contents are believed to be true.

The petitioner must verify a petition to enjoin or require healthcare decision-making for a person (the “Principal”) by another (the “Agent”) under 16 Del. C. § 2526. The verification must state that the petitioner believes the contents to be true under penalty of perjury.

CRITICALCivil cases

Applies to

Request for admission response

A response to a request for admission must be a written answer or objection addressed to the matter and signed by the party or the party’s attorney.

the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney

CRITICALCivil cases

Applies to

Challenge notice

A person challenging confidential treatment must file a challenge notice with the Register in Chancery that identifies each challenged filing by docket number, Transaction ID, title, or other identifying information.

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.

CRITICALCivil cases

Applies to

Petition

The petition must give the names and addresses of potentially interested parties, including the listed relatives, beneficiaries, and fiduciaries.

(3) Interested Parties. The names and addresses of any potentially interested parties, including: (A) the Subject Person’s spouse; (B) any person who would inherit if the Subject Person died intestate; (C) any beneficiary in a testamentary instrument; (D) any person acting for or named by the Subject Person as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive, or other health care proxy;

CRITICALCivil cases

Applies to

Complaint

A partition complaint must state the property’s title history, identify parties and specified statuses, state each party’s share, describe the property and improvements, and request summons and a partition decree.

A complaint for a partition shall state, in addition to other pertinent allegations, (a) how title to the property was first acquired by the tenants in common, joint tenants or parceners, including changes resulting from descent, division or alienation and, if derived by will or deed, an extract from such document; (b) the name and address of each party entitled to partition and designating, if known, any nonresidents of the State, infants or mentally ill persons; (c) the share of each respective party; (d) a description of the premises, buildings and improvements thereon; and (e) a prayer for summons and decree of partition.

CRITICALCivil cases

Applies to

Production response

The written response must state for each item or category whether inspection is permitted and state specific grounds and reasons for any objection.

The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the grounds and reasons for objection(s) shall be stated with specificity.

CRITICALCivil cases

Applies to

Confidentiality stipulation

When filing a confidentiality stipulation, the parties must advise the Court by letter whether the forms have been varied.

The parties shall advise the Court in a letter when filing a confidentiality stipulation whether there are any variations to these forms

CRITICALCivil cases

Applies to

Expense award request

A person may request an expense award, including attorney’s fees, in a paper seeking relief or by separate motion.

A person may seek an award of expenses, including attorney’s fees, as part of the relief sought in a paper or by separate motion.

CRITICALCivil cases

Applies to

Bond

After court approval of a plenary-guardian petition and before release of the final order, the guardian must execute a bond in the amount set by the court.

Upon Court approval of a petition for appointment of a plenary guardian of the property of a minor, and before the final order is released by the Court, the guardian shall execute a bond in the amount set by the Court.

CRITICALCivil cases

The guardian and her attorney, if any, shall then open an account at a banking institution with at least one Delaware branch, which account shall be titled to indicate that withdrawals may not be made without Court order.

The guardian and her attorney, if any, shall then open an account at a banking institution with at least one Delaware branch, which account shall be titled to indicate that withdrawals may not be made without Court order.

CRITICALCivil cases

Applies to

Responsive pleading

To raise any of those issues, a party must do so by a specific denial, which must state

To raise any of those issues, a party must do so by a specific denial, which must state

CRITICALCivil cases

Applies to

Accounting

Automatic termination of a minor’s property guardianship does not release the guardian from the duty to account to the Court.

The automatic termination of the guardianship of the property shall not relieve the guardian of the duty to account to the Court.

CRITICALCivil cases

Applies to

Affidavit

A nonmovant seeking relief because it cannot present facts essential to its opposition must show the specific reasons for that inability by affidavit.

If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition,

CRITICALCivil cases

Applies to

Accounting

Covered guardians and trustees must file an accounting with the Register in Chancery, submit it for Court approval, and identify the account’s beginning value, receipts and disbursements, and ending value for the covered period.

(a) Each guardian of the property or trustee appointed by the Court and each trustee named in a will and required to account by statute or the express provisions of a will shall file with the Register in Chancery and submit to the Court for approval an accounting identifying (1) the value of the account at the beginning of the covered period, (2) each receipt or disbursement made during the covered period, and (3) the value of the account at the end of the covered period.

CRITICALCivil cases

Applies to

Writing

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.

(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:

CRITICALCivil cases

Applies to

Accounting

Each accounting must include an affidavit or affirmation verifying the accuracy of the accounting and schedules and that the documents are true copies.

An affidavit or affirmation verifying that the accounting and schedules are accurate and the documents true copies.

CRITICALCivil cases

Applies to

Petition

A petition seeking to apply Delaware law despite another jurisdiction’s choice-of-law provision must address the specified trust-instrument, jurisdiction, approval, administration, and other-court matters.

to apply Delaware law to a trust despite a choice of law provision selecting the law of another jurisdiction, also shall address: (1) Whether the trust instrument contains a provision expressly allowing the situs of the trust or the law governing the administration of the trust to be changed; (2) If the trust was settled or created in a jurisdiction other than Delaware or contains a choice of law provision in favor of the law of a jurisdiction other than Delaware, whether or under what circumstances the law of the other jurisdiction authorizes changing the situs of the trust or the law governing the administration of the trust; (3) Whether application has been made to the courts of the jurisdiction in which the trust had its situs immediately before the change of situs to Delaware for approval of the transfer of situs of the trust to Delaware, and the status of the application, or if no application was made, why such approval need not be sought; (4) Whether Delaware law governs the administration of the trust, and, if so, why. To the extent that the petition relies upon the domicile of the trustee as support for a determination that the trust situs is Delaware or that Delaware law governs the administration of the trust, the petition shall explain why Delaware is the principal place of trust administration, taking into account the administrative tasks and duties that will be carried out by the trustee, any tasks and duties assigned to advisers, trust protectors, or other persons, and any other factors counting in favor of or against Delaware jurisdiction, such as the ability of the Delaware trustee to resign automatically or under specific circumstances; and (5) Whether a court of any other jurisdiction has taken any action relating to the trust.

CRITICALCivil cases

Applies to

Summons

A summons for service under a consent statute must identify that statute and include a copy of it.

A summons for service under a consent statute must identify the consent statute and append a copy of the statute.

CRITICALCivil cases

Applies to

Motion for continuance

A continuance motion based on a material witness’s absence or unavailability must be accompanied by an affidavit describing the expected testimony, efforts to secure the witness’s attendance, and when the absence or unavailability became known.

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.

CRITICALCivil cases

Applies to

Pleading

A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and (B) does not require adding another party over whom the court cannot acquire jurisdiction.

A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and (B) does not require adding another party over whom the court cannot acquire jurisdiction.

CRITICALCivil cases

Applies to

Petition

A petition to determine an adult’s capacity must be verified, and the verification must state that the petitioner believes its contents are true under penalty of perjury.

(e) Verification. The petitioner must verify a petition to determine whether an adult person has capacity (the “Subject Person”) under 16 Del. C. § 2506. The verification must state that the petitioner believes the contents to be true under penalty of perjury.

CRITICALCivil cases

Applies to

Guardianship monitoring report

The report must detail the investigation, facts obtained, agency referrals, and any recommendation for immediate Court action.

Such report shall contain a detailed summary of the investigation conducted by the Guardianship Monitoring Program, any facts obtained through such investigation, any referral(s) made to another agency for further investigation, and any recommendation for immediate action by the Court.

CRITICALCivil cases

Applies to

Petition

Unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, the petition must include Court-form affidavits detailing the proposed guardian’s history and personal information.

(5) unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, affidavits detailing the proposed guardian’s history and personal information in the forms provided by the Court;

CRITICALCivil cases

Applies to

Injunction or restraining order

An injunction or restraining order must state its reasons and specific terms and describe in reasonable detail the acts restrained or required.

Every order granting an injunction and every restraining order must: (A) state the reasons why it issued or reference a ruling providing the reasons; (B) state its terms specifically; and (C) describe in reasonable detail—and not by referring to the pleading or other document, unless such document is filed with the injunction or restraining order—the act or acts restrained or required.

CRITICALCivil cases

Applies to

Pleading

A pleading asserting an affirmative defense must provide a short and plain statement of its basis.

The pleading must provide a short and plain statement of the basis for the affirmative defense.

CRITICALCivil cases

Applies to

Court referral order

For a Court-referred review, the referral order must specify the date for filing the written report.

When the Court refers a case to the Guardianship Monitoring Program for review, the referral order shall specify the date on which a written report shall be filed.

CRITICALCivil cases

Applies to

Summary judgment factual position

A party asserting that a fact is undisputed or genuinely disputed must support the assertion with cited record materials or show why the cited materials or the adverse party’s evidence do not establish the fact.

A party asserting that a fact cannot be or is genuinely disputed may not rest upon unverified allegations or denials in its pleadings. The party must support the assertion by: (A) citing to matters suitable for judicial notice or to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations (including stipulations made for purposes of the motion only), admissions, interrogatory answers, verified pleadings, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

CRITICALCivil cases

Applies to

Examiner report

After delivering the examiner report, the party who caused the examination may request like reports of examinations of the same condition, except a report concerning a nonparty that the responding party shows it cannot obtain.

After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that such party is unable to obtain it.

CRITICALCivil cases

Applies to

Affidavit

For service under 10 Del. C. § 366, the plaintiff must file an affidavit stating that the defendant is a nonresident.

The plaintiff must file an affidavit: (A) stating that a defendant is a nonresident;