Delaware Court of Chancery Document Filing Requirements

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

Pleading

A pleading need not state a basis for personal jurisdiction.

Revised Rule 8(a)(1) does not alter existing Delaware law under which a pleading does not have to plead a basis for personal jurisdiction.

INFOCivil cases

Applies to

Pleading

A party may allege generally that all conditions precedent have occurred or been performed.

In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed.

INFOCivil cases

Applies to

Pleading

A pleading need not be verified or accompanied by an affidavit unless a rule or statute specifically requires it.

Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by affidavit.

INFOCivil cases

Applies to

Pleading

A pleading may incorporate another pleading or document by reference, and its exhibits are part of the pleading for all purposes.

A pleading may incorporate another pleading or document by reference. Exhibits to a pleading are part of the pleading for all purposes.

INFOCivil cases

Applies to

Pleading

A party pleading an official document or act need only allege that the document was legally issued or the act 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

Pleading

A party may plead a covered judgment or decision without showing the issuing body’s jurisdiction to render it.

In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

INFOCivil cases

Applies to

Pleading

A party pleading conditions precedent may allege generally that they have occurred or been performed.

In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed.

INFOCivil cases

Applies to

Pleading

A party may state any number of separate claims or defenses, even if they are inconsistent.

A party may state as many separate claims or defenses as it has, regardless of consistency.

INFOCivil cases

Applies to

Pleading

A separate count or defense may be used for each claim founded on a separate transaction or occurrence, and for each defense other than a denial, if doing so would promote clarity.

If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—may be stated in a separate count or defense.

INFOCivil cases

Applies to

Written motion

Must include

proposed order

A written motion should attach a proposed form of order providing the relief sought.

A written motion should attach a form of order providing for the relief sought.

INFOCivil cases

Applies to

Pleading

Except when needed to show the Court has jurisdiction, a pleading need not allege a party’s capacity, representative authority, or an organized association’s legal existence.

(1) In General. 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

Compendium

A party may submit a compendium of authorities for the Court to review; it should not duplicate authorities supplied by an opposing party and generally should not include cases cited only once.

(e) Compendium. A party may submit a compendium of the authorities that the party wants the Court to review. Examples include the principal Delaware decisions (whether reported or unreported), applicable Delaware regulations, persuasive non-Delaware decisions, non- Delaware statutes, and excerpts from treatises, articles, and other authorities not readily accessible to the Court. A compendium should not duplicate authorities that an opposing party provided. The compendium should generally not include cases only cited once.

INFOCivil cases

Applies to

Pleading

A party may plead a covered judgment or decision without showing that the issuing body had jurisdiction to render it.

In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.