Delaware Court of Chancery Document Filing Requirements

WARNINGCivil cases

Applies to

Filing

By signing a filing, the signatory certifies that the filing complies with Rule 10.

By signing a filing, the signatory certifies that it complies with the requirements of this rule.

WARNINGCivil cases

Applies to

Summons

A summons must name the Court and the parties.

The summons must: (1) name the Court and the parties;

WARNINGCivil cases

Applies to

Petition for discharge

After completing and reporting final distribution and complying with the Court’s distribution orders and decrees, a receiver may seek discharge by petition.

When a receiver shall have made a final distribution of the property and effects of the company and duly reported the same, and shall have complied with all orders and decrees of the Court touching the distribution, the receiver may be discharged by the Court upon petition of the receiver.

WARNINGCivil cases

Applies to

Summons

If properly completed, a summons is signed and sealed by the Register in Chancery and issued to the plaintiff for service on the defendant.

If the summons is properly completed, the Register in Chancery will sign it, seal it, and issue it to the plaintiff for service on the defendant.

WARNINGCivil cases

Applies to

Notice of proposed dismissal or settlement

Notice may be given by an appropriate means approved by the Court, including first-class mail, email, or publication.

Notice may be given by any appropriate means approved by the Court, including first-class U.S. mail, email, or publication.

WARNINGCivil cases

Applies to

Deposition testimony

Deposition testimony may be offered stenographically or nonstenographically unless the Court directs otherwise, but nonstenographic testimony must be accompanied by a transcript of the portions offered.

(e) Form of Presentation. Except as otherwise directed by the Court, a party offering deposition testimony pursuant to this rule may offer it in stenographic or nonstenographic form, but, if in nonstenographic form, the party shall also provide the Court with a transcript of the portions so offered.

WARNINGCivil cases

Applies to

Pleading

A party alleging fraud or mistake must plead the circumstances with particularity.

In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.

WARNINGCivil cases

Applies to

Responsive pleading

If a responsive pleading is required, an allegation other than one about damages is admitted unless denied; otherwise, it is considered denied or avoided.

An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

WARNINGCivil cases

Applies to

Notice of withdrawal

An attorney who appeared for the petitioner may withdraw by notice if the petitioner signs the notice to express consent.

An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice.

WARNINGCivil cases

Applies to

Petition to terminate guardianship

A guardian, the person under guardianship, or an interested party may petition to terminate guardianship by alleging why it is no longer necessary and requesting termination.

The guardian, the person for whom a guardian has been appointed, or any interested party may file a petition alleging a sufficient reason why guardianship is no longer necessary and requesting its termination.

WARNINGCivil cases

Applies to

Summary judgment motion

The Court may require a party seeking summary judgment to show good cause.

The Court may require that any party wishing to move for summary judgment show good cause for doing so.

WARNINGCivil cases

Applies to

Account

The Court may require a guardian to account for all funds spent from the guardianship account.

The Court may require a guardian to account for all funds expended from the guardianship account.

WARNINGCivil cases

Applies to

Supplement to pleading

Supplements to certain pleadings must be verified.

The revision clarifies that supplements to certain pleadings must be verified.

WARNINGCivil cases

Applies to

Report and recommendation

The Court may direct an attorney ad litem or court representative to file a report and recommendation in accordance with its order.

The Court may direct the attorney ad litem or court representative to file a report and recommendation as directed in the Order of the Court.

WARNINGCivil cases

Applies to

Default motion

If establishing the default requires showing facts not apparent from the docket, then the party should support the motion with an affidavit.

If establishing the default requires showing facts not apparent from the docket, then the party should support the motion with an affidavit.

WARNINGCivil cases

Applies to

Creditor petition

A creditor having a lien against the share of any party may, after a decree of distribution is entered, petition the Court for payment of such lien, stating, under oath, the nature thereof and the amount due.

A creditor having a lien against the share of any party may, after a decree of distribution is entered, petition the Court for payment of such lien, stating, under oath, the nature thereof and the amount due.

WARNINGCivil cases

Applies to

Brief

The cover page of the brief electronically or conventionally filed shall include the following legend in

The cover page of the brief electronically or conventionally filed shall include the following legend in

WARNINGCivil cases

Applies to

Notice of withdrawal

An attorney who appeared for the petitioner may withdraw by notice if the petitioner signs the notice to express consent.

An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice.

WARNINGCivil cases

Applies to

Petition

Upon a showing of good cause, a petition may be filed to appoint a plenary guardian of a minor’s property for the duration of the minor’s minority.

Upon a showing of good cause, a petition may be filed to appoint a guardian of a minor’s property for the term of the minority.

WARNINGCivil cases

Applies to

Interrogatory response

An interrogatory may be answered by identifying qualifying business records and giving the requesting party a reasonable opportunity to inspect and copy them.

Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.

WARNINGCivil cases

Applies to

Redaction designation

A person who designates information for redaction certifies compliance with Rule 5.1.

A person designating information for redaction certifies compliance with this rule.

WARNINGCivil cases

Applies to

Appearance withdrawal

A Delaware attorney may withdraw by notice without Court permission if another Delaware attorney from the same firm remains attorney of record or the client is not or does not become a party; otherwise, Court approval is required.

A Delaware attorney may withdraw an appearance by notice—and without obtaining the Court’s permission—if another Delaware attorney from the same law firm continues to appear as an attorney of record for the party or if the attorney’s client is no longer or does not become a party. Otherwise, withdrawing an appearance requires Court approval.

WARNINGCivil cases

Applies to

Petition

The guardian, the person under guardianship, or an interested party may petition to terminate guardianship, alleging sufficient reason and requesting termination.

The guardian, the person for whom a guardian has been appointed, or any interested party may file a petition alleging a sufficient reason why guardianship is no longer necessary and requesting its termination.

WARNINGCivil cases

Applies to

Pleading

A claimed item of special damage must be specifically stated.

If an item of special damage is claimed, it must be specifically stated.

WARNINGCivil cases

Applies to

Responsive pleading

An undenied allegation is admitted when a responsive pleading is required, except as to damages; otherwise, it is considered denied or avoided.

An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

WARNINGCivil cases

Applies to

Notice

The notice must not be filed with the Register in Chancery.

The notice is not filed with the Register in Chancery.

WARNINGCivil cases

Applies to

Request for admission response

A party may not object to a request for admission solely because the matter presents a genuine issue for trial, but may deny it or explain why it cannot be admitted or denied, subject to Rule 37(c).

A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; the party may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why the party cannot admit or deny it.

WARNINGCivil cases

Applies to

Report and recommendation

The Court may direct the attorney ad litem or court representative to file a report and recommendation as directed in an order of the Court.

The Court may direct the attorney ad litem or court representative to file a report and recommendation as directed in an order of the Court.

WARNINGCivil cases

Applies to

Letter

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

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

WARNINGCivil cases

Applies to

Confidentiality stipulation

The sample confidentiality stipulation should be adapted to the circumstances and used in accordance with the Guidelines.

It should be modified to fit the circumstances and used in conformity with the Guidelines.

WARNINGCivil cases

Applies to

Default motion

Parties seeking to establish default should proceed by motion.

Parties seeking to establish default should proceed by motion.

WARNINGCivil cases

Applies to

Nonmovant affidavit

A nonmovant unable to present facts essential to its opposition may seek deferral or denial of the motion by showing the specific reasons in an affidavit.

If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the Court may: (1) defer considering the motion or deny it;

WARNINGCivil cases

Applies to

Confidentiality stipulation

The sample confidentiality stipulation should be modified to fit the circumstances and used in conformity with the Guidelines.

It should be modified to fit the circumstances and used in conformity with the Guidelines.

INFOCivil cases

Applies to

Pleading

A party may plead multiple claim or defense statements alternatively or hypothetically, and the pleading is sufficient if any one alternative is sufficient.

A party may set out two or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

INFOCivil cases

Applies to

Counsel appearance

Counsel may appear by filing either a notice of appearance or a motion or pleading responding to the complaint.

Counsel may appear by filing: (i) notice of the appearance; or (ii) a motion or pleading purporting to respond to the complaint.

INFOCivil cases

Applies to

Pleading

A party may plead multiple alternative or hypothetical claims or defenses, and the pleading is sufficient if any one is sufficient.

A party may set out two or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

INFOCivil cases

Applies to

Written motion

A written motion supported by an opening brief may refer to the brief for the required content items, and a one-paragraph motion of that kind need not number its paragraph.

Any written motion the movant is or will be supporting with an opening brief may refer to the brief for the items identified in Rule 7(b)(2)(A). If such a motion contains only one paragraph, then the paragraph need not be numbered.

INFOCivil cases

Applies to

Pleading

Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

INFOCivil cases

Applies to

Withdrawal notice

An attorney who appeared for the petitioner may withdraw by notice if the petitioner signs the notice to express consent.

(h) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice.

INFOCivil cases

Applies to

Statement noting death

A statement noting death should identify the decedent’s successor or representative and that person’s attorney, if any.

Any statement noting death should identify the decedent’s successor or representative, and that person’s attorney, if any.

INFOCivil cases

Applies to

Consent

A consent may waive notice of matters relating to the petition, but is not required to do so.

A consent may, but need not, waive notice of draft reports, reports, hearings or other matters relating to the petition.

INFOCivil cases

Applies to

Pleading

A party pleading an official document or act may allege that it was legally issued or legally done.

In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

INFOCivil cases

Applies to

Attorney compensation petition

The receiver’s attorney may file a separate petition for compensation.

A separate petition for compensation may be filed by the attorney for the receiver.

INFOCivil cases

Applies to

Statement of non objection

A statement of non-objection counts as a consent for purposes of Rule 102.

A statement of non-objection is deemed a consent for purposes of this Rule.

INFOCivil cases

Applies to

Record

The death should be noted on the record.

The death should be noted on the record.

INFOCivil cases

Applies to

Inventory

Rule 110’s inventory requirements do not apply to assets a trustee receives from an executor under 12 Del. C. § 3525(b).

(e) This rule shall not apply to any assets received by a trustee from an executor under 12 Del. C. § 3525(b).

INFOCivil cases

Applies to

Filing

The signatory may use a word-processing application to generate the word count.

The signatory may rely on a word-processing application to generate the word count.

INFOCivil cases

Applies to

Pleading

A pleading generally need not allege a party’s capacity, representative authority, or an organization’s legal existence, except when required to show the Court has jurisdiction.

Except when required to show that the Court has jurisdiction, a pleading need not allege: (A) a party’s capacity to sue or be sued; (B) a party’s authority to sue or be sued in a representative capacity; or (C) the legal existence of an organized association of persons that is made a party.

INFOCivil cases

Applies to

Withdrawal notice

An attorney who appeared for the petitioner may withdraw by notice if the petitioner signs the notice to express consent.

(d) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice.

INFOCivil cases

Applies to

Default proceeding

A party motion is not required in every circumstance, including when a party fails to respond to an order to show cause.

The “or otherwise” recognizes that a party motion is not required in all circumstances, such as if the court issues an order to show cause and a party does not respond.