Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

If bond is required, the form of final order must state that the bond is due within seven days after entry and that no copy of the final order will be released until it is filed.

(E) if bond is required, a paragraph stating that the bond must be executed and filed within seven days of the entry of the order and that no copy of the final order, whether certified or not, will be released until the bond is filed;

CRITICALCivil cases

Applies to

Petition

The petition must notify interested persons that objections or responses must be filed in writing within 20 days of the petition date unless the Court expedites the matter.

(3) notice that any objection or response shall be filed in writing with the Court of Chancery within 20 days of the date of the petition unless the Court expedites the matter;

CRITICALCivil cases

Applies to

Responsive pleading

A party in good faith denying only part of an allegation must admit the true part and deny the remainder.

A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.

CRITICALCivil cases

Applies to

Accounting

Unless the accounting is for a trust under will, attach account statements, support for income and expenditures, and an explanation of each cash withdrawal.

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

Distributive or final account

A distributive or final account must include a proposed principal-distribution schedule and the names and addresses of those entitled, or represent that the information is unknown and cannot be found after diligent inquiry.

If the account is a distributive or final account it shall include a schedule of any proposed distribution of the principal of the guardianship or the trust and the name and address of each person then entitled to the property, or a share or interest therein, or if such name and address is not known to the guardian or trustee and cannot be ascertained after diligent inquiry, this shall be so represented by the guardian or trustee.

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 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

Consent petition

Must include

proposed order

A consent petition must be filed with a separate proposed order for each requested item of relief.

The party submitting the consent petition shall file contemporaneously a separate order for each request sought in the consent petition.

CRITICALCivil cases

Applies to

Examiner report

If requested, the party who caused a Rule 35 examination must provide a detailed written examiner report with the findings, test results, diagnoses, conclusions, and like reports of earlier examinations of the same condition.

If requested by the party against whom an order is made under Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to the requestor a copy of a detailed written report of the examiner setting out the examiner’s findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition.

CRITICALCivil cases

Applies to

Final accounting

A final accounting may not be presented for approval until the Division of Revenue has filed a tax clearance form with the Register of Wills.

(b) No final accounting shall be presented to the Court for approval until a tax clearance form has been filed with the Register of Wills by the Division of Revenue. See 12 Del. C. § 2304.

CRITICALCivil cases

Applies to

Summons

A summons must identify the defendant and plaintiff or counsel, state the appearance deadline and consequence of default, and be signed and sealed.

(2) be directed to the defendant; (3) state the name and address of the plaintiff or—if represented—the plaintiff’s attorney; (4) state the time within which the defendant must appear and defend; (5) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; (6) be signed by the Register in Chancery; and (7) bear the Court’s seal.

CRITICALCivil cases

Applies to

Mediation petition

The petition must identify the issues and resolution method and state the required consent, business-entity, Delaware-connection, and non-consumer facts.

The petition will identify the issues to be mediated and specify the method by which the parties shall attempt to resolve the issues. The petition must also contain a statement that all parties have consented to mediation by agreement or stipulation, that at least one party is a business entity, that at least one party is a business entity formed or organized under the laws of Delaware or having its principal place of business in Delaware, and that no party is a consumer with respect to the dispute.

CRITICALCivil cases

Applies to

Motion

A separate motion seeking an expense award must quantify the amount sought.

If a person seeks an award by separate motion, then the motion must quantify the amount.

CRITICALCivil cases

Applies to

Preliminary injunction motion

A request for a preliminary injunction must be made by motion supported by an affidavit or verified pleading.

A party seeking a preliminary injunction must make the request by motion supported by affidavit or verified pleading.

CRITICALCivil cases

Applies to

Unsigned paper

An unsigned paper must be promptly corrected after the omission is called to the attorney’s or party’s attention to avoid being stricken.

The Court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.

CRITICALCivil cases

Applies to

Pretrial order

Unless the Court orders otherwise, every pretrial order must state the nature of the action, admitted facts requiring no proof, remaining disputed issues of fact and law, and the relief sought by each party.

Except to the extent that the Court orders otherwise, all pretrial orders shall include the following information: (1) A statement of the nature of the action. (2) A statement of the facts which are admitted and required no proof. (3) A statement of the issues of fact and of law which any party contends remain to be litigated. (4) A statement of the relief sought by each party.

CRITICALCivil cases

Applies to

Exception

Exceptions must be in writing and identify the filing beneficiary, the nature of that beneficiary’s estate interest, and each specific exception and its grounds.

The exceptions shall be in writing and shall contain the following information: (1) The name of beneficiary filing the exception. (2) The nature of the beneficiary’s interest in the estate. (3) A list of the specific exceptions and the grounds for each exception.

CRITICALCivil cases

Applies to

Debtor and creditor list

Unless the Court orders otherwise, a receiver must file a list of the company’s debtors and creditors, the debts due to and from the company, and each debtor’s and creditor’s last-known address or place of business.

Every receiver unless otherwise ordered by the Court shall, within 30 days from the time of the receiver’s appointment and qualification, file with the Register in Chancery: (2) A list of the debtors and creditors of the company, showing all the debts due to and from the company, with the last-known post-office address or place of business of each debtor and creditor.

CRITICALCivil cases

Applies to

Petition

The petition must include forms of preliminary and final orders, the disputed determination of lack of capacity, and affidavits describing efforts to locate interested parties whose contact information is missing.

(c) Exhibits. The petition must include the following exhibits: (1) a form of preliminary order scheduling the matter for a hearing and providing for notice; (2) a form of final order that includes, as applicable, language discharging any attorney ad litem; (3) a copy of the determination of a lack of capacity that is in dispute under 12 Del. C. § 2504(b); and (4) affidavits describing petitioner’s efforts to locate any interested party for whom contact information is not provided.

CRITICALCivil cases

Applies to

Guardianship monitoring report

The Guardianship Advocacy Director files the reports, which are confidential and may not be copied to interested parties without Court approval.

Reports of the Guardianship Monitoring Program shall be filed by the Guardianship Advocacy Director, are confidential, and interested parties will not receive copies of the report except by approval of the Court.

CRITICALCivil cases

Applies to

Petition

When seeking the specified additional guardian authority, the petition must describe the requested authority and explain why the expenditure is in the Person with an Alleged Disability’s best interests.

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.

CRITICALCivil cases

When the plaintiff asserts a claim against a third-party defendant, the third-party defendant must assert any Rule 13(a) counterclaim.

and any counterclaim under Rule 13(a),

CRITICALCivil cases

Applies to

Petition

The petition must include the Subject Person’s identifying and residence information and the specified additional details when applicable.

(2) Subject Person. The name, age, marital status, domicile, and current residence of the Subject Person, as well as: (A) if the Subject Person resides in an institution, the name and address of the institution and the date and circumstances surrounding the Subject Person’s admission; (B) if the Subject Person’s expenses are being paid by another person, the name of the person and the source of the funds; (C) if the Subject Person served in the armed forces of the United States, the branch and dates of service; and (D) if the Subject Person has been represented by a Delaware attorney within the past two years, the name of the attorney.

CRITICALCivil cases

Applies to

Pleading motion or other paper

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A form of order must be filed with the petition.

A form of order shall be filed with the petition.

CRITICALCivil cases

Applies to

Petition

The petition must include the specified preliminary and final orders, the Agent’s authority document or an affidavit explaining efforts to obtain it, and affidavits describing efforts to locate interested parties whose contact information is missing.

The petition must include the following exhibits: (1) a form of preliminary order scheduling the matter for a hearing and providing for notice; (2) a form of final order that includes, as applicable, language discharging any attorney ad litem; (3) a copy of the document providing the Agent with authority to act, if there is one, or an affidavit of efforts to secure same, if unavailable; and (4) affidavits describing petitioner’s efforts to locate any interested party for whom contact information is not provided.

CRITICALCivil cases

Applies to

Petition

A guardian seeking an order under this rule must file a verified petition containing the specified information, directive, facts, physician affidavits or efforts to obtain them, and proposed form of order.

(2) Contents of Petition. 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

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.

CRITICALCivil cases

Applies to

Mediator report

The mediator must report the mediation’s outcome and, when applicable, the judicial mediator’s mediation days and the scope of each party’s shifted or allocated costs; the mediator may report ongoing mediation and its schedule but must not disclose information about mediation conduct or the mediator’s view of good faith.

The mediator shall report to the Court that the mediation has resulted in a settlement or has not resulted in a settlement. The mediator may report to the Court that the parties are continuing to mediate, in which case the mediator may advise the Court of the schedule for the mediation. In a mediation conducted by a judicial mediator, the judicial mediator shall advise the Court of the number of days of mediation so that court costs may be assessed. If any fees or costs are shifted or allocated among the parties, whether by agreement or because of a determination by the mediator, then the mediator shall inform the Court of the scope of each party’s obligation. The mediator shall not provide the Court with any information about the conduct of the mediation, including the mediator’s view regarding whether any party failed to mediate in good faith.

CRITICALCivil cases

Applies to

Complaint

A complaint by a person suing for association members must state the capacity in which the person sues and allege facts meeting Rule 23.2(a)(1).

Despite Rule 9(a), the complaint must allege the capacity in which the person is suing for the members of the association and facts sufficient to satisfy Rule 23.2(a)(1).

CRITICALCivil cases

Applies to

Representative party affidavit

(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 representative party, except for: (A) any damages or other relief that the Court may award the person as a class member; (B) any fees, costs, or other payments that the Court expressly approves to be paid to or on behalf of the person; or (C) reimbursement from the person's attorneys of actual and reasonable out-of-pocket expenditures incurred in prosecuting the action.

(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 representative party, except for: (A) any damages or other relief that the Court may award the person as a class member; (B) any fees, costs, or other payments that the Court expressly approves to be paid to or on behalf of the person; or (C) reimbursement from the person's attorneys of actual and reasonable out-of-pocket expenditures incurred in prosecuting the action.

CRITICALCivil cases

Applies to

Final order

As applicable, the final order form must state that a Court order is required to open a safe deposit box or sell or encumber the Person with a Disability’s vehicles or real property.

(A) a paragraph stating that an order from the Court is required to authorize the opening of any safe deposit box, or to sell or encumber any vehicles or real property, of the Person with a Disability;

CRITICALCivil cases

Applies to

Affidavit

A person moving to quantify an award must submit an affidavit with the specified work, personnel, cost, and incurred-amount information, except for petitions under Rule 192.

(b) Affidavit. A person moving to quantify an award must submit an affidavit that includes: (1) a summary of the work forming the basis for the award; (2) the title, hourly rate, total hours worked, and total amount sought for each person whose work forms a basis for the award; (3) a summary of the out-of-pocket costs—organized by category—forming the basis for the award; (4) a statement that the applicant has incurred the amount sought; and (5) any other information the Court directs. (c) Exception. This rule does not apply to petitions under Rule 192.

CRITICALCivil cases

Applies to

Court order

The plaintiff must obtain an order setting an appearance date, directing publication, specifying security and property to be seized, and appointing a sequestrator.

(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

Complaint

A derivative-action complaint must plead with particularity the plaintiff’s efforts to obtain the desired action and reasons for not doing so, and allege facts supporting a reasonable inference of derivative standing.

(a) Pleading Requirements. The complaint in a derivative action must: (1) state with particularity: (A) any effort by the derivative plaintiff to obtain the desired action from the entity; and (B) the reasons for not obtaining the action or not making the effort; and (2) allege facts supporting a reasonable inference that the derivative plaintiff has standing to sue derivatively under the law governing the entity.

CRITICALCivil cases

Applies to

Default judgment application

A party seeking default judgment must apply to the Court.

A party seeking a default judgment must apply to the Court.

CRITICALCivil cases

Applies to

Affidavit

An affidavit must be filed with the Court specifying the substitute decision-making means and the responsible individual's consent to use it.

An affidavit shall be filed with the Court specifying the means of substitute decision making to be used, and the consent of the individual responsible for utilizing it.

CRITICALCivil cases

Applies to

Petition to modify trust by consent

Every petition to modify a trust by consent must address the trust’s history and circumstances, non-Delaware creation or choice-of-law provisions, and the basis for the Court’s jurisdiction, including specified administration details when applicable.

(b) Every petition to modify a trust by consent shall address each of the following matters: (1) The factual circumstances under which the trust was settled or created, the reasons for its settlement, how the trust has operated since its settlement including any material amendments since its settlement, and the events leading to the relief sought in the petition; (2) Whether the trust was settled or created in a state other than Delaware or contains a choice of law provision in favor of the law of a jurisdiction other than Delaware; and (3) The basis for this Court’s jurisdiction over the trust and, to the extent jurisdiction is based on Delaware being the principal place of administration, a description of the administrative tasks and duties carried out by the Delaware trustee or other Delaware fiduciaries and a comparison of those tasks and duties to those entrusted to fiduciaries or proposed fiduciaries domiciled outside Delaware.

CRITICALCivil cases

Applies to

Argument submission

No other submissions containing argument may be filed unless the Court permits them.

No other submissions containing argument may be filed unless the Court permits.

CRITICALCivil cases

Applies to

Appraisal

The appraisal must estimate the rental value of any real estate and report asset-related matters the appraiser believes should be brought to the Court’s attention for the stated purposes.

The appraiser shall estimate the rental value of any real estate and report any matters respecting the assets which in the appraiser’s judgment should be brought to the knowledge of the Court for the benefit of the person with a disability or beneficiary or for effecting the care, preservation, development or increase of the assets.

CRITICALCivil cases

Applies to

Additional bond

If the existing bond is inadequate to protect the assets, the Court must require the guardian or trustee to provide additional bond.

If it shall appear that the amount of the bond previously given by the guardian or trustee is inadequate for the proper protection of the assets, the Court shall require the guardian or trustee to give additional bond.

CRITICALCivil cases

Applies to

Petition

After obtaining a written contract offer, the guardian must submit a petition with the proposed contract, appraisal, and other relevant information.

Thereafter, after obtaining a written contract offer for sale of the real estate, the guardian shall submit a petition to the Court providing a copy of the proposed contract, a copy of the appraisal by the Court appointed appraiser, and any other relevant information regarding the proposed sale.

CRITICALCivil cases

Applies to

Pleading written motion other paper

Pleadings, written motions, and other papers must be signed by counsel or an unrepresented party and state the signer’s contact information; verification is generally unnecessary, and an unsigned paper must be promptly corrected when called to the signer’s attention.

(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name—or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by affidavit. The Court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.

CRITICALCivil cases

Applies to

Request for admission

Each matter in a request for admission must be stated separately.

Each matter of which an admission is requested shall be separately set forth.

CRITICALCivil cases

Applies to

Petition

If the Person with an Alleged Disability served in the U.S. armed forces, the petition must state the branch and dates of service.

(C) if the Person with an Alleged Disability served in the armed forces of the United States, the branch and dates of service;

CRITICALCivil cases

Applies to

Status report

A status report must provide current mailing addresses for the person and guardian, plus a current medical statement addressing status and the 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

Guardian certificate

A minor’s share must be paid to the guardian of the minor’s property when the guardian files a certificate showing appointment and qualification.

A share of the proceeds of sale to which a minor is entitled shall be paid to the guardian of the minor’s property when the guardian files a certificate showing the guardian’s appointment and qualification.

CRITICALCivil cases

Applies to

Confidentiality stipulation

The parties must submit a marked or redlined version showing all changes to the terms.

and shall submit a marked/redlined version to the Court showing all changes to the terms.

CRITICALCivil cases

Applies to

Settlement approval order

An order approving a settlement that establishes a class-compensation process must provide for disbursement of any residual settlement funds.

(A) Any order approving a settlement under this rule that establishes a process for compensating class members must provide for the disbursement of residual settlement funds, if any.

CRITICALCivil cases

Applies to

Petition

A petition seeking to sell real estate below appraised value must include an affidavit explaining why the sale is in the person’s best interests and addressing the listed information.

If the guardian seeks to sell the real estate for less than the appraised value, the guardian’s petition shall be accompanied by an affidavit explaining why such sale is in the best interests of the person with a disability, including information regarding the carrying costs of the property, whether the property is vacant, how the property was advertised and marketed, how long the property was marketed, the number of showings and offers received, and whether the proposed sale is an arms-length transaction.

CRITICALCivil cases

Applies to

Amended pleading

A party filing an amended pleading must also file a document plainly identifying how it differs from the prior pleading.

A party filing an amended pleading must also file a document indicating plainly how the amendment differs from the pleading that it amends.