Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Attorney fee affidavit

Counsel sharing in an award of attorney's fees and expenses must submit an affidavit documenting those fees and expenses.

(3) Any counsel who will share in the award of attorney's fees and expenses must submit an affidavit documenting their fees and expenses.

CRITICALCivil cases

Applies to

Statement

For service under a consent statute, the plaintiff must file a statement signed by the party or its attorney containing the specified addresses, service date, 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

Petition

A covered petition must include a certification signed by the senior Delaware attorney and, if applicable, senior out-of-state attorney, addressing the listed effects of the requested relief; the excerpt ends during the second listed item.

Any petition falling under this Rule shall contain a certification, signed by the senior Delaware attorney involved in the matter and the senior out-of-state attorney, if any, involved in the matter, certifying to the best of their knowledge that, after good faith investigation, the person purporting to consent for others by representation: (1) Will not, as a result of the relief sought in the petition, be appointed to a fiduciary or nonfiduciary office or role relating to the trust; (2) If already serving in a fiduciary or nonfiduciary office or role relating to the trust, will not as a result of the relief sought in the petition receive greater authority, broader discretion, or increased protection, including but not limited to any limitation on,

CRITICALCivil cases

Applies to

Objection

An objection must state specifically its grounds and purpose.

The objection must state with specificity the grounds for and purpose of the objection.

CRITICALCivil cases

Applies to

Notice

A party depositing money or a deliverable thing must file a notice identifying the deposit and the bank or trust company.

The party must file a notice identifying the money or thing and the bank or trust company.

CRITICALCivil cases

Applies to

Petition

A Rule 178 petition must be verified and include the specified guardian, bond, asset, interested-party, and requested-relief information.

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

Responsive pleading

A party must assert every defense in a required responsive pleading, but may raise the listed defenses by motion.

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.

CRITICALCivil cases

The required paragraph must state the attorney’s responsibility for the guardianship account and for filing proof of compliance and the inventory within 30 days.

(D) if an attorney filed the petition on behalf of the guardian, a paragraph stating that the attorney is responsible for ensuring that any guardianship bank account required by the final order is properly opened and that the proof of compliance and inventory are filed within 30 days;

CRITICALCivil cases

Applies to

Petition to modify trust by consent

Every petition to modify a trust by consent must address with particularity the listed proceedings, judgments, requested relief, petitioner roles, beneficiary effects, conflicts, relationships, liability protections, and representative consents.

(c) Every petition to modify a trust by consent shall address each of the following matters with particularity: (1) The nature and status of any filed, pending, or threatened action, suit, or proceeding, whether civil, criminal, administrative, arbitral, or regulatory, relating to the subject matter of the trust, or among any of the petitioners or trust beneficiaries; (2) Any prior determination or judgment on the merits in any action, suit, or proceeding involving any living person who is either a petitioner or a person who will serve as a fiduciary if the relief requested in the petition is granted, resulting in a criminal conviction, an adjudicated breach of the fiduciary duty of loyalty, or a determination reflecting on the honesty or integrity of such person; (3) The nature of the relief sought in the petition and the reasons why such relief is being sought; (4) The role(s) of the petitioner(s) in the existing trust (whether beneficiary, fiduciary, adviser, protector, etc.) and the proposed role(s) of the petitioner(s) in the trust if the relief sought in the petition is granted; (5) How the proposed relief will affect the interests of current, vested future, and contingent beneficiaries; (6) Any personal interest of any petitioner, or person who will serve as a fiduciary if the relief requested in the petition is granted, creating an actual or potential conflict between the interests of such person and the interests of the current, vested future, or contingent beneficiaries relating to the relief requested in the petition, including but not limited to conflicts relating to differing investment horizons, an interest in present income versus capital growth, or any limitation on, exculpation from, or indemnification for any existing or potential future liability; (7) Whether any petitioner or beneficiary has a familial, personal, or financial relationship with any person who, as a result of the relief requested in the petition, will be appointed to a fiduciary or nonfiduciary office or role relating to the trust or will receive greater authority, broader discretion, or increased protection, including but not limited to any limitation on, exculpation from, or indemnification for existing or potential future liability; (8) Whether the relief sought in the petition would lead to any limitation on, exculpation from, or indemnification for any existing or potential future liability on the part of any fiduciary; and (9) Whether any required consents are being given on behalf of any beneficiaries by representation under 12 Del. C. § 3547. Any petition which relies upon such consents also must conform with the requirements of Rule 103.

CRITICALCivil cases

Applies to

Referral order

A referral order must identify the issues or concerns to be investigated.

The Court order referring the case to the Guardianship Monitoring Program of the Office of the Public Guardian shall specify the issues or concerns to be investigated.

CRITICALCivil cases

Applies to

Challenge to confidential treatment

A challenge to confidential treatment must be filed with the Register in Chancery and identify the filing being challenged.

Rule 5.1(g)(2) requires that any challenge to confidential treatment be filed with the Register in Chancery and specify the filing being challenged.

CRITICALCivil cases

Applies to

Petition

The petition must contain the specified petitioner, Principal, Agent, and interested-party information, including the listed conditional details; the visible list continues beyond this excerpt.

The petition must contain the following information. If information is unknown, the petition must state that, represent that the petitioner has made diligent efforts to obtain the information, and describe those efforts. (1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Principal and Agent, or, if not related, the nature of the petitioner’s interest in the healthcare decision-making. (2) Principal. The name, age, marital status, domicile, and current residence of the Principal, as well as: (A) if the Principal resides in an institution, the name and address of the institution and the date and circumstances surrounding the Principal’s admission; (B) if the Principal’s expenses are being paid by another person, the name of the person and the source of the funds; (C) if the Principal served in the armed forces of the United States, the branch and dates of service; and (D) if the Principal has been represented by a Delaware attorney within the past two years, the name of the attorney. (3) Agent. The name and address of the Agent, the relationship of Agent to the Principal, and the source of the Agent’s authority. (4) Interested Parties. The names and addresses of any potentially interested parties, including: (A) the Principal’s spouse; (B) any person who would inherit if the Principal died intestate; (C) any beneficiary in a testamentary instrument; (D) any person acting for or named by the Principal as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance

CRITICALCivil cases

Applies to

Production response

An objection must disclose whether responsive materials are being withheld, and the responding party must supplement its response if it later decides to withhold materials on that basis.

An objection must state whether the responding party is withholding or intends to withhold any responsive materials on the basis of that objection, and the responding party is under a duty to supplement its response to the extent it subsequently determines that it will withhold any responsive material on the basis of an objection.

CRITICALCivil cases

Applies to

Attorney affidavit

When an attorney files the petition, an attorney’s affidavit confirming the explanation of guardianship duties must be submitted unless an stated guardian exception applies.

(3) if the petition is filed by an attorney and unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, an attorney’s affidavit confirming the attorney has explained to the proposed guardian the fiduciary duties and responsibilities of a guardian;

CRITICALCivil cases

Applies to

Cd rom brief

The CD-ROM brief’s table of contents must hyperlink to the cited page within the brief.

(e) The table of contents of the CD-ROM brief shall contain hyperlinks to the cited page within the brief.

CRITICALCivil cases

Applies to

Fiduciary accounting

Unless the accounting is for a trust under will, it must attach account statements, support for income, expenditure documentation, and explanations for cash withdrawals.

Unless the accounting is for a trust under will, documents comprising: (A) all monthly statements for each account; (B) support for all income received; (C) receipts, invoices, or other documentation supporting all expenditures made; and (D) an explanation for any cash withdrawal.

CRITICALCivil cases

Applies to

Guardian or trustee bond

When the appointment order requires bond, the guardian or trustee must give the court-approved bond or recognizance in the court-set amount before acting or qualifying, unless the Court waives the bond or surety.

(a) If bond, with or without surety, is required by the Court in the order appointing a guardian or trustee, each such guardian or trustee and each trustee named in a will shall before acting as guardian or trustee or being qualified to act as such give bond or recognizance with any such surety approved by the Court in such amount as the Court shall fix. The Court may waive bond or surety.

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

Motion

A motion for a more definite statement must identify the defects and the details needed to reasonably prepare a response.

The party must move before filing a responsive pleading, and the motion must identify the defects and the details required to reasonably prepare a response.

CRITICALCivil cases

Applies to

Subpoena

A subpoena to a non-Party must include the Stipulation and notify the recipient that its protections are available.

Any Party issuing a subpoena to a non-Party must include a copy of this Stipulation and notify the non-Party that the protections of this Stipulation are available to the non-Party when producing information.

CRITICALCivil cases

Applies to

Written motion opposition reply

A written motion, opposition, or reply must contain numbered paragraphs.

A written motion, opposition, or reply must contain numbered paragraphs.

CRITICALCivil cases

Applies to

Guardianship monitoring report

A report summarizing the review must be filed with the Court when the Program completes a routine audit.

Whenever the Guardianship Monitoring Program completes a routine audit of a guardianship case, a report summarizing such review shall be filed with the Court.

CRITICALCivil cases

Applies to

Deposition

The officer must provide a written certification that the witness was sworn and that the deposition accurately records the testimony, and the certification must accompany the deposition record.

The officer shall certify that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. The certification shall be in writing and accompany the record of the deposition.

CRITICALCivil cases

Applies to

Pro hac vice motion

An attorney seeking pro hac vice admission must attach a statement to the motion certifying the listed bar standing, professional obligations, firm obligations, and consent to appointment of an agent for service of process.

Any attorney seeking admission pro hac vice shall certify the following in a statement attached to the motion: (i) That the attorney is a member in good standing of the Bar of another state; (ii) That the attorney shall be bound by the Delaware Lawyers’ Rules of Professional Conduct and has reviewed the Principles of Professionalism for Delaware Lawyers, as effective on November 1, 2003, and as amended; (iii) That the attorney and all attorneys of the attorney’s firm who directly or indirectly provide services to the party or cause at issue shall be bound by all Rules of the Court; (iv) That the attorney has consented to the appointment of the Register in Chancery of the county in which the matter pends as agent upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under this rule and any activities related thereto;

CRITICALCivil cases

Applies to

Court order

The plaintiff must obtain an order setting an appearance date and directing publication at least once per week for three consecutive weeks.

(2) 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.

CRITICALCivil cases

Applies to

Complaint

Each complaint must include a completed supplemental information sheet in the Court-adopted form.

Each complaint must be accompanied by a completed supplemental information sheet in the form adopted by the Court.

CRITICALCivil cases

Applies to

Letter opinion or order

Letter opinions and orders must identify the date they were filed.

Letter opinions and orders must identify the date filed.

CRITICALCivil cases

Applies to

Petition

The petition must be verified.

The petition shall be verified

CRITICALCivil cases

Applies to

List of proposed persons

The list may be filed by any party, but it must include all persons proposed by all parties without identifying who proposed each person.

The list may be filed by any party, but the list must include all persons proposed by all parties, without indicating which party proposed which person.

CRITICALCivil cases

Applies to

Fiduciary accounting

Each accounting must include an affidavit or affirmation verifying the accounting and schedules and confirming 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

Voluntary dismissal

Before voluntarily dismissing a claim, a party proceeding in forma pauperis must file an affidavit affirming that no recovery was obtained.

A party proceeding in forma pauperis must file an affidavit affirming that no recovery was obtained before voluntarily dismissing a claim.

CRITICALCivil cases

Applies to

Pleading

Each affirmative defense asserted in a pleading must include a short statement of its basis.

Revised Rule 8(c)(3) requires that for each affirmative defense asserted in a pleading, the party asserting it include a short statement setting forth the basis of the affirmative defense.

CRITICALCivil cases

Applies to

Petition

A guardian seeking authority to exercise powers not otherwise granted must apply to the Court by petition.

If the guardian desires authority to exercise powers not granted by Subchapter II of Chapter 39 of Title 12 of the Delaware Code or by the Court (such as the power to expend principal of the estate of the person with a disability for reasons other than the support, care, protection, welfare, clothing and rehabilitation of that person, the power to sell real property belonging to that person, the power to borrow money for that person’s benefit or the power to prepay burial expenses), the guardian shall make application therefor to the Court by a petition.

CRITICALCivil cases

Applies to

Complaint

A complaint seeking leave to sell a decedent’s real property to pay debts must identify the specified interested persons and lien creditors, and state whether any is a minor and identify any appointed guardian.

A complaint by an executor or administrator for leave to sell real property of a decedent to pay the decedent’s debts shall, in addition to other allegations, state the name and address of each person interested as an heir, devisee, tenant in possession and creditor of the decedent who holds a lien of record against said property. The complaint shall state whether any such person is a minor and, if so, the name and address of any guardian appointed for such minor.

CRITICALCivil cases

Applies to

Affidavit

The plaintiff must file an affidavit containing the specified information about the defendant, the property, the defendant’s interest, the information source, and any omissions.

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

CRITICALCivil cases

Applies to

Complaint

Each complaint must include a completed supplemental information sheet using the Court-adopted form.

Each complaint must be accompanied by a completed supplemental information sheet in the form adopted by the Court.

CRITICALCivil cases

Applies to

Responsive pleading

A party responding to a pleading must admit or deny the opposing party’s allegations.

admit or deny the allegations asserted against it by an opposing party.

CRITICALCivil cases

A third-party defendant must assert any Rule 12 defense against the third-party plaintiff’s claim.

(A) must assert any defense against the third-party plaintiff’s claim under Rule 12;

CRITICALCivil cases

Applies to

Responsive pleading

A party must specifically admit or deny each allegation, and may use a general denial only if it is a qualifying nominal party or was joined only to ensure complete relief.

A party must either specifically admit or deny each allegation. A general denial is not permitted, except by a nominal party or any other party joined only to ensure that full and complete relief can be granted.

CRITICALCivil cases

Applies to

Pleading

A pleading stating a claim for relief must state the grounds for subject-matter jurisdiction unless no new jurisdictional support is needed.

a short and plain statement of the grounds for the Court’s subject-matter jurisdiction, unless the Court already has subject-matter jurisdiction and the claim needs no new jurisdictional support;

CRITICALCivil cases

Applies to

In forma pauperis denial notice

If the Court denies the application, then the Register must give written notice to the applicant identifying the fees and costs due and a specific deadline for payment—at least 15 days from the

If the Court denies the application, then the Register must give written notice to the applicant identifying the fees and costs due and a specific deadline for payment—at least 15 days from the

CRITICALCivil cases

Applies to

Consent petition

Must include

proposed order

A consent petition must include a separate proposed order for each individual, beneficiary, or other interested party; combined proposed orders are not permitted.

Proposed orders for multiple individuals, beneficiaries, or other interested parties are not permissible and a separate proposed order for each individual, beneficiary, or interested party must be submitted with the consent petition.

CRITICALCivil cases

Applies to

Stipulation

A stipulation making the Magistrate in Chancery’s decision final and nonappealable must be filed with the Register in Chancery and include the specified agreement.

Any stipulation must be filed with the Register in Chancery and include language substantially in the following form: The parties agree under 10 Del. C. § 351 that the Report of the Magistrate in Chancery shall be final and binding and not subject to appeal.

CRITICALCivil cases

Applies to

Proposed dismissal

Must include

proposed order

Parties submitting a proposed dismissal must file an order stating the dismissal terms.

The parties submitting a proposed dismissal must file a form of order stating the terms on which the action will be dismissed;

CRITICALCivil cases

Applies to

Court order request

Except where provided elsewhere, a request for a court order must be made by motion.

Except where provided elsewhere, a request for a court order must be made by motion.

CRITICALCivil cases

Applies to

Petition

The petition must state the value and source of the minor’s property with supporting documentation, include the petitioner’s specified consent to service through the Register in Chancery, and acknowledge that the minor’s funds may not be spent without a court order.

(4) The value and source of the property to be received by the minor, including any supporting documentation regarding the value and source of the property; (5) The petitioner’s consent to the appointment of the Register in Chancery as her agent for the acceptance of service of process on behalf of the petitioner as to any claim arising out of the guardianship if, by reason of the guardian’s absence from the state, she cannot personally be served; and (6) The petitioner’s acknowledgement that the minor’s funds may not be expended without order of the Court.

WARNINGCivil cases

Applies to

Bond

The court may require a testamentary trustee to give bond despite the will’s direction if circumstances warrant disregarding that direction.

(c) When the will creating the trust relieves the testamentary trustee from giving bond, the court may require that bond be given if it finds that circumstances warrant a disregard of the testator’s direction.

WARNINGCivil cases

Applies to

Pleading

A party denying that a condition precedent occurred or was performed must do so with particularity.

But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.

WARNINGCivil cases

Applies to

Petition

Rule 88 does not apply to petitions under Rule 192.

This rule does not apply to petitions under Rule 192.

WARNINGCivil cases

Applies to

Consent to mediate

If the parties and amount in controversy meet the statutory eligibility requirements, a consent to mediate is acceptable if it contains the specified language.

Provided that the parties and the amount in controversy meet the eligibility requirements in 10 Del. C. § 347, a consent to mediate is acceptable if it contains the following language: “The parties agree that any dispute arising under this agreement shall be mediated in the Court of Chancery of the State of Delaware, pursuant to 10 Del. C. § 347.”