Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

A petition for appointment of a guardian of a minor’s property must be verified and include the minor’s identifying information, the petitioner’s information and relationship, and the names and addresses of the specified interested parties.

A petition filed in the Court of Chancery for the appointment of a guardian of the property of a minor shall be verified and shall set forth: (1) The name and age of the minor for whom guardianship is sought, including the date on which the minor will reach the age of majority; (2) The name and address of the petitioner and the petitioner’s relationship to the minor child; (3) The names and addresses of all interested parties, which shall include the minor child’s natural or adoptive parents, grandparent(s) if any parent(s) are deceased, any court-appointed guardian, any attorney who has represented the minor child within the last two years, and any siblings who have reached the age of majority.

CRITICALCivil casesCourt notice

Applies to

Petition

Petitions filed under Rule 178A must be verified.

Revised Rule 178A also clarifies the required contents of petitions filed under the rule—which must be verified—

CRITICALCivil cases

Applies to

Public version

The public version must include the proposed and additionally designated redactions, unless the filer and a notice 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 motion or other paper

By presenting a pleading, written motion, or other paper, an attorney or unrepresented party certifies that the paper satisfies Rule 11(b)’s stated standards after a reasonable inquiry.

By presenting to the Court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

CRITICALCivil cases

Applies to

Motion

Before applying to sell real estate, a guardian of the property must first file a motion to appoint an appraiser under 12 Del. C. § 3951(c).

When a guardian of the property makes an application to the Court to sell real estate, the guardian shall first file a motion to appoint an appraiser pursuant to 12 Del. C. § 3951(c).

CRITICALCivil cases

Applies to

Redesignation notice

If a party sends a Redesignation Notice, the notice must identify the Clawback Discovery Material by Bates number and request redesignation as Produced Clawback Material.

6. If a Party (i) reasonably believes, in good faith, that Discovery Material designated as Clawback Discovery Material is relevant to the claims, defenses, subject matter of, or a dispute at issue in this Litigation and (ii) wishes to disclose that Clawback Discovery Material to a person identified in paragraphs 7 and 8(g) of the Confidentiality Stipulation (other than court reporters transcribing any deposition in this Litigation) for a use that is permitted by the Confidentiality Stipulation, then the Party may provide a written notice to every other Party (a “Redesignation Notice”) that (a) identifies the Bates number(s) of the Clawback Discovery Material, and (b) asks that it be re-designated as “Produced Clawback Material” (defined below)

CRITICALCivil cases

Applies to

Motion

If the Court grants an award without setting an amount and the parties do not agree on one, the recipient must move to quantify it.

If the Court has granted an award but not an amount, then absent agreement on an amount, the recipient must move to quantify the award.

CRITICALCivil cases

Applies to

Interrogatory answer

Interrogatory answers must restate each interrogatory by number and answer it separately, fully, in writing, and under oath; an objection must state its reasons and answer any unobjectionable part.

(1) Each interrogatory shall be restated as numbered and shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for objection and shall answer to the extent the interrogatory is not objectionable.

CRITICALCivil cases

Applies to

Cd rom brief

Must include

certificate of service

Each submission must include a certificate of service.

A certificate of service shall accompany each submission.

CRITICALCivil cases

Applies to

Judgment

A class-action judgment must identify class members, with the required description depending on whether the action is maintained under Rule 23(b)(1), (b)(2), or (b)(3).

(3) Judgment. Whether or not favorable to the class, the judgment must: (A) in an action maintained as a class action under Rule 23(b)(1) or Rule 23(b)(2), include and describe those whom the Court finds to be class members; and (B) in an action maintained as a class action under Rule 23(b)(3), include and specify or describe those to whom the Rule 23(c)(2) notice was directed, who have not requested exclusion, and whom the Court finds to be class members.

CRITICALCivil cases

Applies to

Proposed settlement

Parties submitting a proposed settlement must file the definitive settlement agreement.

The parties submitting a proposed settlement must file the definitive agreement governing the settlement.

CRITICALCivil cases

Applies to

Verified petition

A guardian seeking an order must file a verified petition containing the specified information, directive, facts, affidavits, description of efforts, and proposed form of order.

To obtain an order under this rule, a guardian must file a verified petition that includes: (A) the information required by Rule 178(b); (B) a copy of the advance health-care directive; (C) a statement of the facts and circumstances concerning the request to refuse to comply with a provision of, or to revoke, the advance health-care directive; (D) two physicians’ affidavits outlining the medical requirements and needs supporting the requested relief; (E) a description of any efforts to obtain physicians’ affidavits relating to the subject matter of the petition that the petitioner did not provide under paragraph (a)(2)(D) of this rule; and (F) a form of order implementing the requested relief.

CRITICALCivil cases

Applies to

Petition for adjudication of presumed death

Petitions for adjudication of presumed death under 12 Del. C. § 1702 must be filed with the Register in Chancery.

Petitions for the adjudication of presumed death pursuant to 12 Del. C. § 1702 shall be filed with the Register in Chancery.

CRITICALCivil cases

Applies to

Irrevocable power of attorney

In the specified testamentary-trust circumstances, the designated trustee must file an irrevocable power of attorney with the Register in Chancery before beginning duties or qualifying as trustee.

(b) In the case of a testamentary trust, if the person designated as trustee is a nonresident of this State or is a corporation which has neither incorporated nor qualified to do business under the laws of this State, then before beginning duties as trustee or being qualified as such, such trustee shall file in the office of the Register in Chancery an irrevocable power of attorney designating the Register in Chancery and the Register in Chancery’s successors in office as the person upon whom all notices and process issued by any court of this State may be served, with like

CRITICALCivil cases

Applies to

Principal commission valuation

Principal commission valuations must use either a trustee appraisal certified to the Court as of the last business day of a commission period shorter than a year, or a periodic-review valuation dated no more than 12 months before the annual charge.

The principal commissions shall be computed for each commission period on the basis of the fair value of the trust estate, which shall be determined either (1) for any commission period less than annually by an appraisal made by the trustee and certified to the Court as of the last business day of the commission period selected; or (2) by the value theretofore determined as a part of a periodic review of trusts by the trustee, such review to be of a date not more than 12 months prior to the date of making such annual charge.

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

CRITICALCivil cases

Applies to

Affidavit

The directed affidavit must describe the property and its value, describe the defendant’s title or interest, identify the relevant beneficial or legal owner, and explain any omitted information.

(i) providing a reasonable description of property being sequestered, including the estimated value of the property; (ii) describing the nature of the defendant’s title or interest in the property; (iii) identifying the name and address of the beneficial owner if the defendant only holds legal title or the legal owner if the defendant is the beneficial owner; and (iv) providing the reasons for omitting any information.

CRITICALCivil cases

Applies to

Affidavit

For service under 10 Del. C. § 365, the plaintiff must file an affidavit stating that the defendant is out of State or cannot be found and that there is just ground to believe the defendant is avoiding service.

The plaintiff must file an affidavit stating that: (A) a defendant is out of the State or cannot be found to be served with process; and (B) there is just ground to believe the defendant is intentionally avoiding service.

CRITICALCivil cases

Applies to

Confidentiality stipulation

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

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

Caption

The caption must name the association as a nominal defendant and may also name the member being sued.

Despite Rule 10(a) and 17(a), the caption must name the association as a nominal defendant and may name the member being sued.

CRITICALCivil cases

Applies to

Proposed dismissal

Must include

proposed order

A proposed dismissal must include a proposed order stating the terms of dismissal.

(B) if a dismissal, a proposed form of order stating the terms on which the action will be dismissed; and

CRITICALCivil cases

Applies to

Injunction or restraining order

Every injunction or restraining order must state or reference its reasons, specify its terms, and describe the restrained or required acts in reasonable detail, subject to the stated document-filing exception.

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

A third-party defendant must assert any Rule 13(a) counterclaim against the third-party plaintiff.

(B) must assert any counterclaim against the third-party plaintiff under Rule 13(a),

CRITICALCivil cases

Applies to

Pleading

A pleading stating a claim for relief must include a short and plain statement showing the pleader is entitled to relief.

a short and plain statement of the claim showing that the pleader is entitled to relief;

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.

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

Consent

Each consent must affirm that the signer received the petition and required materials, reviewed and understood them, and had an opportunity to consult counsel.

Each consent shall affirm that the party executing the consent has been provided with the petition and all disclosures and documents required by Court of Chancery Rules 100(b), 100(c), and 101, and has received, read, understood, and been provided with an opportunity to consult with counsel regarding the consent and the materials provided.

CRITICALCivil cases

Applies to

Motion for sanctions

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

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

Joint list of proposed arbitrators

The parties must file a joint list of qualified, willing arbitrator candidates with enough background information for the Court to decide.

The parties must file with the Court a joint list of persons that are qualified and willing to serve as an arbitrator under the Delaware Rapid Arbitration Act, 10 Del. C. § 5801 et seq. The list must be accompanied by background information regarding those persons sufficient to allow the Court to make its decision.

CRITICALCivil cases

Applies to

Motion

A motion concerning a person without capacity must address the listed capacity, representative, relationship, guardian, and interested-person matters and be verified or supported by sufficient evidence.

(i) explain how the person to be represented lacks capacity, including the person’s date of birth if a minor; (ii) confirm the absence of any duly appointed representative; (iii) describe the movant’s relationship to the person without capacity; (iv) identify the proposed guardian ad litem; (v) describe the qualifications of the guardian ad litem; (vi) affirm that the proposed guardian ad litem lacks any interest in the action; (vii) identify all persons holding parental or custodial rights, guardianship, or power of attorney to sue or defend lawsuits, or who otherwise have the care of the person without capacity and whether each is available for appointment or has an interest in the case; and (viii) be verified or otherwise supported by sufficient evidence.

CRITICALCivil cases

Applies to

Court referral order

A court referral order must specify 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

Dismissal submission

Must include

proposed order

A proposed dismissal submission must include a proposed order stating the terms of dismissal.

(B) if a dismissal, a proposed form of order stating the terms on which the action will be dismissed;

CRITICALCivil cases

Applies to

Guardianship petition

When required information is unknown, the petition must say so and describe the petitioner's diligent efforts to obtain it.

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.

CRITICALCivil cases

Applies to

Request for admission response

Objections and answers to requests for admission must state the required reasons, specifically address the matter, and fairly meet its substance, including any necessary qualification or partial denial.

If objection is made, the reasons therefore shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder.

CRITICALCivil cases

Applies to

Derivative plaintiff affidavit

A person seeking to serve as a derivative plaintiff must file an affidavit within 10 days after filing any of the following: (A) a complaint; (B) a motion to intervene; or (C) a motion seeking appointment as a derivative plaintiff.

A person seeking to serve as a derivative plaintiff must file an affidavit within 10 days after filing any of the following: (A) a complaint; (B) a motion to intervene; or (C) a motion seeking appointment as a derivative plaintiff.

CRITICALCivil cases

Applies to

Complaint

When the out-of-state notice procedure applies, the executor or administrator must file with the complaint an affidavit describing notice efforts and their results.

In such event the executor or administrator shall file with the complaint an affidavit reciting the efforts made to give notice under this rule and the results thereof.

CRITICALCivil cases

Applies to

Receiver account

A receiver’s account must state its period, detail receipts, gains or losses, and payments, include the receiver’s oath and payment vouchers, and be filed with the Register in Chancery.

Accounts rendered by receivers shall be for a period therein stated, and show in detail (1) all moneys received, when, from whom or from what source; (2) gains or losses on sales made of the property included in the inventory; (3) payments made, to whom and for what purpose. Every such account shall be accompanied by oath of the receiver that the account is just and true, and shall be filed in the office of the Register in Chancery, with the vouchers for all payments; whereupon it shall be the duty of the Register in Chancery to examine the account, compare it with the vouchers, prove the calculations and additions and certify therein whether the Register finds the same to be correct.

CRITICALCivil cases

Applies to

Sanction order

An order imposing a sanction must describe the conduct and explain the basis for the sanction.

(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

CRITICALCivil cases

Applies to

Special order

Oral testimony may be received only if the Court enters a special order before the hearing date.

Oral testimony will not be received in the absence of a special order entered by the Court prior to the date of hearing.

CRITICALCivil cases

Applies to

Petition to modify trust by consent

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

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

CRITICALCivil cases

Applies to

Certification

A movant seeking a temporary restraining order without notice must file a certification describing notice efforts and why notice should not be required.

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

Motion for more definite statement

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

the motion must identify the defects and the details required to reasonably prepare a response.

CRITICALCivil cases

Applies to

Paper

A party filing a paper must verify its truth under oath or by affirmation to the best of the party’s knowledge, information, and belief.

Each party filing the paper must verify under oath or by affirmation that the matter contained in the paper is true and correct to the best of the party’s knowledge, information, and belief.

CRITICALCivil cases

Applies to

Temporary restraining order

A temporary restraining order issued without notice must state when it was issued, describe the irreparable injury and explain the lack of notice.

Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be filed promptly.

CRITICALCivil cases

Applies to

Proposed dismissal or settlement

The parties must give the Court enough information to decide whether notice is required and what form it should take.

The parties must provide the Court with information sufficient to rule on whether to require notice and in what form.

CRITICALCivil cases

Applies to

Pleading that states a claim for relief

A pleading stating a claim for relief must state the grounds for subject-matter jurisdiction unless no new jurisdictional support is needed, state the claim showing entitlement to relief, and demand relief.

(a) Claim for Relief. A pleading that states a claim for relief must contain: (1) 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; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought, which may include relief in the alternative or different types of relief.

CRITICALCivil cases

Applies to

Creditor claim

A creditor’s claim must be a signed written statement under oath specifying the amount claimed, its consideration, any payments, and any security held.

Claims shall consist of a statement in writing under oath, signed by the creditor, setting forth the amount claimed to be due at the time of the appointment of the receiver or thereafter, the consideration therefor and the payments received on account thereof, if any, and shall contain an averment as to what security if any is held therefor.

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

A stipulation under Rule 144(g)(2) must be filed with the Register in Chancery and state substantially that the Magistrate in Chancery's Report is final, binding, and not subject to appeal.

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

Notice

The notice accompanying the petition must state that any objection must be submitted within 13 days.

If consents cannot be obtained, the petition must be sent to all interested parties by certified mail, along with notice that any objection to the petition must be submitted within 13 days.

CRITICALCivil cases

Applies to

Court order

For service under 10 Del. C. § 365, the plaintiff must obtain an order setting a specific appearance date and directing publication at least once per week for three consecutive weeks.

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.