Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Deposition notice

A deposition notice served with written questions must identify the person answering them and the officer before whom the deposition will be taken, with an identifying description permitted if the person's name is unknown.

A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken.

CRITICALCivil cases

Applies to

Notice of service

Must include

certificate of service

A party requesting or responding to discovery or furnishing an expert report must file a notice of service certifying service and stating who was served and the date and manner of service.

A party requesting or responding to discovery or furnishing an expert report must file with the Court a notice of service containing the following information: (i) a certification that the paper was served; (ii) the person on which service was made; and (iii) the date and manner of service.

CRITICALCivil cases

Applies to

Notice of proposed dismissal or settlement

Unless the Court orders otherwise, notice must clearly and concisely state the listed information in plain, easily understood language.

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) a summary of the claims, issues, defenses, and relief that the derivative action sought; (iv) a description of the terms of the proposed dismissal or settlement; (v) any award of attorney’s fees or expenses, or any derivative-plaintiff award, that will be sought if the proposed dismissal or settlement is approved; (vi) instructions for objectors; (vii) that additional information can be obtained by contacting derivative counsel; (viii) how to contact derivative counsel; and (ix) not to contact the Court with questions about the terms of the proposed dismissal or settlement.

CRITICALCivil cases

Applies to

Brief

Must include

caption

A brief’s cover page must identify the Rule 10 caption, the brief’s title, and the name, office address, and telephone number of the filing party or counsel.

A brief must have a cover page that identifies: (i) the caption as required under Rule 10; (ii) the title of the brief; and (iii) the name, office address, and telephone number of the party or counsel filing the brief.

CRITICALCivil cases

Applies to

Certification order

A class-certification order must define the class and identify a representative party.

(1) Certification Order. A class action must be certified by order. The order must define the class and identify a representative party.

CRITICALCivil cases

Applies to

Account

Each account must provide the specified identifying and address information for the person with a disability, next of kin, or eligible trust beneficiaries and their guardians.

Each account shall state the name and post office address of the person with a disability, the next of kin of the person with the disability or, with respect to a trust, the name and address of each trust beneficiary then eligible or entitled to receive distributions of income or principal (and whether such beneficiary is a person with a disability and the name and post office address of the guardian of such beneficiary).

CRITICALCivil cases

Applies to

Responsive pleading

A party responding to a pleading must affirmatively state any avoidance or affirmative defense.

In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:  accord and satisfaction;  arbitration and award;  assumption of risk;  contributory negligence;  discharge in bankruptcy;  duress;  estoppel;  failure of consideration;  fraud;  illegality;  laches;  license;  payment;  release;  res judicata;  statute of frauds;  statute of limitations;  unclean hands; and  waiver.

CRITICALCivil cases

Applies to

Petition

Before refusing to comply with or revoking an advance health-care directive, the guardian must petition for and obtain an order expressly permitting the action.

(1) Petition Required Under 16 Del. C. § 2522(a). If a guardian for the person of a person with a disability desires to refuse to comply with a provision of, or to revoke, the person with a disability’s advance health- care directive, then the guardian must first petition the court for and obtain an order expressly permitting the acts taken by the guardian.

CRITICALCivil cases

Applies to

Summary judgment affidavit

An affidavit supporting or opposing a motion must be based on personal knowledge, state admissible facts, and establish the affiant’s competence; attached exhibits may be certified as originals or true and correct copies.

An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. An affidavit may attach documents as exhibits that the affiant certifies as originals or true and correct copies.

CRITICALCivil cases

Applies to

Notice

A party depositing money or another 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

Motion

Must include

proposed order

A motion seeking an award must comply with Rule 88, address who should pay, and include a proposed order specifying the award amount and proposed payment allocation.

The motion must comply with Rule 88 and address who should pay the award. The motion must include a form of order that specifies the amount of the proposed award and the proposed allocation of responsibility for payment.

CRITICALCivil cases

Applies to

Responsive pleading

A party lacking sufficient knowledge or information to assess an allegation must say so, and that statement operates as a denial.

A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

CRITICALCivil cases

Applies to

Sanctions motion

A sanctions motion must be separate from other motions and describe the specific conduct alleged to violate Rule 11(b).

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b).

CRITICALCivil cases

Applies to

Referral order

A referral order for review must specify the date the written report is to be filed.

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

Supplemental inventory

If a receiver acquires company property not included in the filed inventory, the receiver must promptly file a supplemental inventory describing it and apply for appointment of appraisers.

If, after filing the inventory above mentioned, a receiver shall acquire additional property of the company, not described in the inventory, the receiver shall forthwith file a supplemental inventory describing such property, and apply to the Court for the appointment of appraisers to appraise the same.

CRITICALCivil cases

Applies to

Affidavit

An affidavit supporting or opposing a motion must be based on personal knowledge, state admissible facts, and establish the affiant’s competence to testify about them.

An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated.

CRITICALCivil cases

Applies to

Motion to intervene

A motion to intervene must include a pleading setting out the claim or defense, or explain why a pleading should not be required.

A motion to intervene must: (1) be accompanied by a pleading that sets out the claim or defense for which intervention is sought; or (2) state the reasons why a pleading should not be required.

CRITICALCivil cases

Applies to

Magistrate report

A Magistrate in Chancery Report must be filed on the docket.

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

Mediation petition

For a dispute involving solely a claim for monetary damages, the petition must state the amount in controversy.

In the case of disputes involving solely a claim for monetary damages, the petition must contain a statement of the amount in controversy.

CRITICALCivil cases

Applies to

Brief

A brief must contain, in the stated order and with appropriate headings, a page-referenced table of contents, a page-referenced table of authorities with cases alphabetized, and an introduction.

A brief must contain, in the order indicated and separated by appropriate headings: (i) a table of contents, with page references; (ii) a table of authorities—cases (alphabetically arranged), statutes, and other authorities—with page references; (iii) an introduction;

CRITICALCivil cases

Applies to

Petition

A plenary-guardianship petition must include the information and documents required by subsections (e) and (f), plus reasons plenary guardianship is necessary and why access to the minor’s funds is expected during the minority.

In addition to the items set forth in subsections (e) and (f) of this rule, such petition also shall set forth the reasons why plenary guardianship is necessary, including why the guardian expects to need access to the minor’s funds during the term of the minority.

CRITICALCivil cases

Applies to

Subpoena

Must include

case number

A subpoena must state the action’s title and civil action number.

(B) State the title of the action and its civil action number;

CRITICALCivil cases

Applies to

Other written opinion

Other written opinions must identify the date submitted, measured from the last proceeding or paper submitted on the matter, and the date filed.

Other written opinions must identify: (1) the date submitted, measured by the last proceeding on or paper submitted in connection with the matter decided, and (2) the date filed.

CRITICALCivil cases

Applies to

Responsive pleading

A denial must fairly respond to the substance of the allegation.

A denial must fairly respond to the substance of the allegation.

CRITICALCivil cases

Applies to

Public version

The public version must include the proposed redactions and any additional redactions designated in response to the notice, unless the filer and a recipient agree to fewer redactions.

The public version must contain the redactions in the proposed public version and any additional information designated for redaction in response to the notice unless the filer and a person receiving notice agree to make fewer redactions.

CRITICALCivil cases

Applies to

Pleading

A pleading stating a claim for relief must demand the relief sought and may request alternative or different types of relief.

a demand for the relief sought, which may include relief in the alternative or different types of relief.

CRITICALCivil cases

Applies to

Derivative plaintiff affidavit

The derivative-plaintiff affidavit must state that the person has not received or been promised or offered, and will not accept, compensation for serving, subject to the stated exception for an indirect benefit from relief awarded to the entity.

(2) The affidavit must state that the person has not received, been promised, or been offered—and will not accept—any form of compensation, directly or indirectly, for serving as a derivative plaintiff, except for: (A) the indirect benefit from any damages or other relief that the Court may award to the entity;

CRITICALCivil cases

Applies to

Petition

If a Delaware attorney represented the Person with an Alleged Disability within the past two years, the petition must name the attorney.

(D) if the Person with an Alleged Disability has been represented by a Delaware attorney within the past two years, the name of the attorney.

CRITICALCivil cases

Applies to

Supplemental inventory

A guardian or trustee who receives additional assets after filing an inventory must file a verified supplemental inventory of those assets.

(c) If, after filing an inventory, a guardian or trustee receives additional assets not described therein, he or she shall file a verified supplemental inventory of all such assets.

CRITICALCivil cases

Applies to

Record

The transmitted record must include the original papers, any testimony transcript, and all exhibits unless omitted by a written stipulation of all parties filed with the Register of Wills.

Within 10 days after receipt by the Register of Wills of the duplicate notice of appeal or notice of exceptions, as the case may be, the Register of Wills shall transmit to the Register in Chancery all of the original papers including the transcript of testimony, if any, and all exhibits except such as may be omitted by written stipulation of all the parties filed with the Register of Wills; and the Register of Wills shall append the certificate identifying such record with reasonable definiteness.

CRITICALCivil cases

Applies to

Objection or response

Objections and responses must be submitted in writing to the court.

Any objection or response must be filed in writing with the court within 13 days of the date of the petition unless the court orders an expedited response deadline.

CRITICALCivil cases

Applies to

Class member objection

A class member may object, but the objection must specify its grounds and purpose and identify the class members to whom it applies.

Any class member may object to the proposed dismissal or settlement of a class action. The objection must state with specificity the grounds for and purpose of the objection and state whether it applies only to the objector, to a specific subset of the class, or to the entire class.

CRITICALCivil cases

Applies to

Petition

The form of final order must require the guardian to notify the Court of the person’s death within 10 days.

(F) a paragraph requiring the guardian to notify the Court of the death of the person with a disability within 10 days of the death;

CRITICALCivil cases

Applies to

Bond

Before the appointment order is released, the guardian must execute a court-set bond of at least the amount due to the minor.

Before the order appointing the guardian is released by the Court, the guardian shall execute a bond in an amount set by the Court, which shall be no less than the amount due to the minor.

CRITICALCivil cases

Applies to

Court order

The plaintiff must obtain an order setting an appearance date, directing publication at least weekly for three consecutive weeks, specifying security and a sequestrator, and identifying property to be seized if the defendant does not appear and security is posted.

(2) The plaintiff must obtain a Court order: (A) providing for the defendant to appear by a specific date; (B) requiring publication of the order in the manner directed by the Court, but not less than once per week for three consecutive weeks; (C) specifying sufficient security; (D) appointing a sequestrator; and (E) specifying the property that the sequestrator must seize if the defendant fails to appear and the plaintiff posts sufficient security.

CRITICALCivil cases

Applies to

Application for temporary relief

Applications for interim or temporary relief in separate maintenance cases are heard on affidavits, verified pleadings, or both.

In separate maintenance cases applications for interim or temporary relief will be heard by the Court on affidavits or verified pleadings, or both.

CRITICALCivil cases

Applies to

Interrogatory answers and objections

The person making the answers must sign them, and the attorney making objections must sign the objections.

(2) The answers are to be signed by the person making them, and the objections signed by the attorney making them.

CRITICALCivil cases

Applies to

Pleading asserting a claim for relief

A party asserting a claim for relief must identify any known required-but-unjoined person and explain why that person was not joined.

When asserting a claim for relief, a party must state: (1) the name, if known, of any person who is required to be joined if feasible but is not joined; and (2) the reasons for not joining that person.

CRITICALCivil cases

Applies to

Class member objection

A class member may object to a proposed dismissal or settlement, and the objection must specifically state its grounds, purpose, and scope.

(4) Class-Member Objections. (A) In General. Any class member may object to the proposed dismissal or settlement of a class action. The objection must state with specificity the grounds for and purpose of the objection and state whether it applies only to the objector, to a specific subset of the class, or to the entire class.

CRITICALCivil cases

Applies to

Answer

An answer to a complaint, counterclaim, or crossclaim must repeat each allegation and place the response below it.

An answer to a complaint, counterclaim, or crossclaim must repeat the allegations of the pleading to which it is responding and then set forth the response below each such allegation.

CRITICALCivil cases

Applies to

Stipulation

A stipulation for final adjudication under Rule 144(g) must be filed with the Register in Chancery and include the specified agreements and acknowledgment.

Any stipulation must be filed with the Register in Chancery and include language substantially in the following form: (A) the parties agree to submit this action to a Magistrate in Chancery for a final decision under 10 Del. C. § 350 and Court of Chancery Rule 144(g); (B) the parties waive the right to seek judicial review of the Magistrate in Chancery’s decision at the trial court level; (C) the parties agree that the Magistrate in Chancery’s final decision will constitute a decision of the Court of Chancery; and (D) the parties confirm their understanding that any appeal from the decision will be subject to the same procedural and substantive standards as are applicable to appeals from decisions of the Chancellor or a Vice Chancellor.

CRITICALCivil cases

Applies to

Confidential filing

Must include

caption

(2) Every Confidential Filing must have a cover page that contains only the following information: (A) The caption of the action, the title of the Confidential Filing, and the following statement: YOU ARE IN POSSESSION OF A CONFIDENTIAL FILING FROM THE COURT OF CHANCERY OF THE STATE OF DELAWARE If you are not authorized to view this document under Rule 5.1 or by Court Order, read no further than this page and contact the following person: [Filer’s Name] [Filer’s Firm] [Filer’s Address] [Filer’s Telephone Number]

(2) Every Confidential Filing must have a cover page that contains only the following information: (A) The caption of the action, the title of the Confidential Filing, and the following statement: YOU ARE IN POSSESSION OF A CONFIDENTIAL FILING FROM THE COURT OF CHANCERY OF THE STATE OF DELAWARE If you are not authorized to view this document under Rule 5.1 or by Court Order, read no further than this page and contact the following person: [Filer’s Name] [Filer’s Firm] [Filer’s Address] [Filer’s Telephone Number]

CRITICALCivil cases

Applies to

Amended pleading

A party must file the amended pleading with the Court even after receiving leave to file it.

A party must file an amended pleading with the Court, even if the Court has granted a motion for leave to file the amended pleading.

CRITICALCivil cases

Applies to

Annual status report

The annual status report must include the current mailing addresses of the person with a disability and the guardian, plus a current medical statement addressing the person’s status and need for continued guardianship.

The status report shall inform the Court of the current mailing address of both the person with a disability and the guardian, and shall provide to the Court a current medical statement from an approved medical practitioner setting forth the current medical status of the person with a disability and addressing the need for a continued guardianship.

CRITICALCivil cases

Applies to

Motion

(A) Motion for Appointment. A person who wishes to have a guardian ad litem appointed for a person without capacity must file a motion. The motion must:

(A) Motion for Appointment. A person who wishes to have a guardian ad litem appointed for a person without capacity must file a motion. The motion must:

CRITICALCivil cases

Applies to

Petition

If the petitioner cannot learn the address of an interested party who must receive notice, the petitioner must submit an affidavit describing efforts to locate that person; the listed search and contact methods are examples.

If the petitioner does not know and cannot learn the address of an interested party required to receive notice, the petitioner shall submit an affidavit describing petitioner’s efforts to locate the interested party. Efforts may include performing an internet search, speaking to mutual acquaintances, and attempting to contact the interested party through any known means including electronic means;

CRITICALCivil cases

Applies to

Pleading

A pleading must state the grounds for subject-matter jurisdiction unless the Court already has jurisdiction and the claim needs no new jurisdictional support.

Revised Rule 8(a)(1) requires that a pleading must include 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

Must include

proposed order

A motion to certify a question of law or interlocutory appeal must include a proposed form of order.

A party may move to certify a question of law or an interlocutory appeal to the Supreme Court. The motion must comply with applicable Supreme Court rules and provide a proposed form of order.

CRITICALCivil cases

Applies to

Petition

When seeking the specified authority, the petition must explain the requested authority and why the expenditure is in the person’s best interests, and the request must follow Rule 178 so far as applicable.

(8) Specific Authority. If the petitioner seeks specific authority as guardian to use the Person with an Alleged Disability’s property for reasons other than the support, care, protection, welfare, and rehabilitation of the Person with an Alleged Disability, to borrow money for the benefit of the Person with an Alleged Disability, or to prepay burial expenses, then the petition must specify the nature of the authority requested and why the petitioner believes the expenditure would be in the best interests of the Person with an Alleged Disability. The form of such request shall follow Rule 178 so far as applicable.

CRITICALCivil cases

Applies to

Complaint

A complaint against association members must state the capacity in which each person is named as a defendant and allege facts meeting Rule 23.2(b)(1).

Despite Rule 9(a), the complaint must allege the capacity in which each person is named as a defendant and facts sufficient to satisfy Rule 23.2(b)(1).