Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Complaint

A partition complaint concerning intestate real estate must include all real estate the intestate died owning that remains the property of the heirs or their assigns when the complaint is filed.

A complaint for partition of intestate real estate shall include all real estate of which the intestate dies seized, and which at the time of the filing is the property of the heirs at law or their assigns.

CRITICALCivil cases

Applies to

Notice

The notice must refer to the rule, include the required proposed public version, and identify the deadline for recipients to designate additional information for redaction; the proposed version may redact information the filer believes is or may be claimed to be confidential.

The notice must refer to this rule and include a proposed public version of each Confidential Filing for which a public version is required. The proposed public version may redact information that the filer believes constitutes Confidential Information or that the filer believes another person would contend constitutes Confidential Information. The notice must identify the date and time by which this rule requires the recipient of notice to identify any additional information for redaction.

CRITICALCivil cases

Applies to

Routine audit report

When the Program completes a routine audit, it must file a report summarizing the review with the Court.

Whenever the Guardianship Monitoring Program completes a routine audit of a guardianship case, a report summarizing such review shall be filed with the Court.

CRITICALCivil cases

Applies to

Cd rom brief

The label on a CD-ROM brief filed under seal must state “Filed under seal.”

the label shall include: “Filed under seal.”

CRITICALCivil cases

Applies to

Cd rom brief

A CD-ROM brief must be accompanied by a statement giving viewing instructions and minimum equipment requirements, and verifying virus-free status and the software used; placement within or attached to the packaging is preferred.

(vii) CD-ROM briefs must be accompanied by a statement, preferably within or attached to the packaging, which (a) provides the instructions for viewing the record or brief and the minimum equipment required for doing so and (b) verifies the absence of computer viruses and describes the software used to ensure that they are virus-free.

CRITICALCivil cases

Applies to

Letter

A lawyer's letter must be signed by a Delaware lawyer.

Any letter from a lawyer must be signed by a Delaware lawyer.

CRITICALCivil cases

Applies to

Motion, brief, or letter

Must include

word count

The signature block of each motion, brief, or letter must state the applicable word limit and the number of words subject to that limit.

The signature block for any motion, brief, or letter must identify: (1) the word limit applicable to the filing; and (2) the number of words in the filing subject to that limit.

CRITICALCivil cases

Applies to

Record

The record sent to the Court must include a statement of the costs of preparing and certifying it.

With the record sent to this Court, the Register of Wills shall include a statement of the costs of preparing and certifying the record.

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

Pleading

A pleading claiming special damages must state each item specifically.

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

CRITICALCivil cases

Applies to

Settlement agreement

If the parties reach a mediation agreement, they must create a written settlement agreement signed by the parties that addresses filings needed to dismiss or continue the underlying action.

If the parties reach agreement regarding the matter or issue referred to mediation, then the parties shall reduce their agreement to writing in the form of a settlement agreement signed by the parties. The settlement agreement shall address the nature of any filings necessary to dismiss or proceed with the underlying action.

CRITICALCivil cases

Applies to

Petition

A petition to appoint a guardian of a minor’s property is not required when the minor will receive $25,000 or less inclusive of costs and attorneys’ fees, although a limited guardian may be appointed if necessary.

Pursuant to 12 Del. C. § 3901(b) and (l), no petition to appoint a guardian of a minor’s property is required if the minor will receive property or funds of $25,000 or less, inclusive of costs and attorneys’ fees, except that a limited guardian may be appointed under subsection (b)(2) of this rule, if necessary.

CRITICALCivil cases

The required filing must list each party’s trial witnesses, including experts, and identify testimony to be presented by deposition transcript or videotape.

(6) A list of witnesses, including experts, who will be called by each party at the trial, and a statement of the testimony, if any, that will be adduced by transcript (or videotape) of depositions.

CRITICALCivil cases

Applies to

Class notice

For a Rule 23(b)(3) class, the notice must be the best practicable notice, include individual notice when members can be identified with reasonable effort, and advise members of the specified exclusion, judgment, and appearance information.

(B) For (b)(3) Classes. In any class action certified under Rule 23(b)(3), the Court must direct to the class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice must advise each member: (i) that the Court will exclude from the class any member who requests exclusion by a specified date; (ii) of the binding effect of a judgment, whether favorable or not, on members who do not request exclusion; and (iii) that a class member who does not request exclusion may enter an appearance through counsel if the member so desires.

CRITICALCivil cases

The required filing must estimate the number of trial days each party believes will be needed.

(8) An estimate by each party to the action of the number of trial days that will be required.

CRITICALCivil cases

Applies to

Pleading

A party must specifically admit or deny each pleading allegation; only nominal and relief parties may assert general denials.

Revised Rule 8(b)(3) requires parties to specifically admit or deny each allegation of a pleading. Under Revised Rule 8(b)(3), only nominal parties and relief parties (i.e., parties joined only to ensure that full and complete relief can be granted) can assert general denials.

CRITICALCivil cases

Applies to

Petition

The petition must list the person’s assets and their probable value, estimated income, and obligations and liabilities.

(6) Financial Information. A listing of the Person with an Alleged Disability’s: (A) assets and the probable value thereof; (B) estimated income; and (C) obligations and liabilities.

CRITICALCivil cases

Applies to

Inventory

Required inventories and supplemental inventories must describe the assets and provide any available information about their fair market value.

(d) The inventory required by either paragraph (a) or (b) of this rule and any supplemental inventory required by paragraph (c) of this Rule. (i) shall describe such assets; (ii) shall provide such knowledge or information as to the fair market value of the assets as the guardian or trustee may have;

CRITICALCivil cases

Applies to

Inventory

A trustee named in a will must file a verified inventory of all assets received unless the will waives the accounting requirement.

(b) Except where the requirement for an accounting is waived in the will, each trustee named in a will shall file a verified inventory of all assets received.

CRITICALCivil cases

Applies to

Pro hac vice motion

Delaware counsel filing a pro hac vice motion must certify that the applicant is reputable and competent and that counsel is in a position to recommend admission.

The Delaware Counsel filing a motion pro hac vice for the admission of an attorney not a member of the Delaware Bar shall certify that the Delaware attorney finds the applicant to be a reputable and competent attorney, and is in a position to recommend the applicant’s admission.

CRITICALCivil cases

Applies to

Guardianship monitoring report

The Guardianship Advocacy Director must file the Program’s reports; the reports are confidential, and interested parties may receive copies only with 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

Motion for new trial or other action after trial

Supporting affidavits for a motion for a new trial or other action after trial must be filed with the motion.

Any affidavits in support of a motion for a new trial or other action after trial must be filed with the motion.

CRITICALCivil cases

Applies to

Proposed final order of distribution

Must include

proposed order

Upon confirmation of a partition sale, the petitioner’s attorney must file a proposed final order of distribution with the Register in Chancery.

Upon confirmation of a sale in partition, petitioner’s attorney shall file with the Register in Chancery a proposed final order of distribution.

CRITICALCivil cases

Applies to

Final guardianship order

A final guardianship order must set forth or incorporate the fee schedule the guardian will use to set its fee.

The order shall set forth or incorporate by reference the fee schedule to be used by the fee-for-service guardian in setting its fee.

CRITICALCivil cases

Applies to

Filing

Must include

caption, case number

Each listed filing must have a caption with the Court’s name, parties, and civil action number, plus a title; complaints and third-party complaints must name all parties, while other papers may refer generally to additional parties after naming the first party on each side.

Every pleading, notice, motion, affidavit, form of order, request for or response to discovery, or other filing must have a caption with the Court’s name, the names of the parties, and the civil action number. There also must be a title for the filing. The caption of a complaint or a third-party complaint must name all the parties; the caption of other papers, after naming the first party on each side, may refer generally to other parties.

CRITICALCivil cases

Applies to

Complaint

A complaint seeking appointment of a receiver for a corporation must be verified.

Every complaint filed for the appointment of a receiver for a corporation shall be verified.

CRITICALCivil cases

Applies to

Confidential filing

A public version is required for every Confidential Filing except an exhibit or lodged deposition.

A public version is required for every Confidential Filing, except for an exhibit or lodged deposition.

CRITICALCivil cases

Applies to

Notice of appeal or exceptions

A notice of appeal or exceptions must identify the appealing parties, the matter being reviewed, and the Register or fiduciary involved; a notice of exceptions must also describe the exceptions particularly.

A notice of appeal or a notice of exceptions shall specify the party or parties taking the appeal or exceptions; shall designate the order, decree, act or account, or part thereof, sought to be reviewed and shall name the Register of Wills or executor or administrator from which the appeal or exceptions are taken. As to exceptions, the notice shall contain a statement of the nature of the exceptions with particularity.

CRITICALCivil cases

Applies to

Power of attorney

Each surety company must file the specified power of attorney with the Register of Wills in each county where it does business during January and before the Court accepts or approves it as surety.

Each surety company shall, in the month of January in each year, file with the Register of Wills, in each county in which such surety company is engaged in business, a power of attorney authorizing the execution of bonds by the attorney-in-fact designated in the power of attorney, before the Court shall accept or approve such company as surety.

CRITICALCivil cases

Applies to

Challenge notice

A person challenging confidential treatment must file a challenge notice with the Register in Chancery.

To challenge the confidential treatment of a Confidential Filing, the challenger must file a challenge notice with the Register in Chancery.

CRITICALCivil cases

Applies to

Notice of filing account

The written notice of filing an account must include the specified statement about reasonable commissions and fees and the effect of not filing an exception.

The notice in writing of the filing of the account required to be mailed by the Register of Wills pursuant to 12 Del. C. § 2302(b) shall include the following statement: “Personal representatives of estates and attorneys who represent them are entitled to reasonable commissions and fees. In determining what constitutes reasonable commissions and fees, consideration may be given to time spent, the risk and responsibility involved, the novelty and difficulty of the questions presented, the skill and experience of the personal representative and the attorney, any provisions of the will regarding compensation, comparable rates for similar services in the locality, the character and value of the estate assets, the character and value of assets which are not part of the probate estate but which must be valued and reported on any federal, state, local, or foreign death tax return, the time constraints imposed upon the personal representative and the attorney, the loss of other business necessitated by acceptance of the administration, and the benefits obtained for the estate by the administration. Commissions and fees shall not be considered unreasonable merely because they are based exclusively on hourly rates, exclusively on the value of the probate estate, or exclusively on the value of the assets includible in the estate for the purpose of any tax. Unless you file an exception to the account alleging that the commissions of the personal representative(s) or the fees of the attorney(s) for the personal representative(s) as set forth in the account are unreasonable, you shall be deemed to consider such commissions and fees reasonable.”

CRITICALCivil cases

Applies to

Summary judgment submission

A party asserting that a fact is undisputed or genuinely disputed may not rely on unverified pleading allegations or denials and must support the assertion with record materials or the specified alternative showing.

A party asserting that a fact cannot be or is genuinely disputed may not rest upon unverified allegations or denials in its pleadings. The party must support the assertion by: (A) citing to matters suitable for judicial notice or to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations (including stipulations made for purposes of the motion only), admissions, interrogatory answers, verified pleadings, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

CRITICALCivil cases

Applies to

Cd rom brief

The caption must display “CD-ROM Version To Be Filed” in bold type immediately beneath the case number.

bold type immediately beneath the case number in the caption: “CD-ROM Version To Be Filed”.

CRITICALCivil cases

Applies to

Motion to certify

Must include

proposed order

A motion to certify a question of law or interlocutory appeal must comply with applicable Supreme Court rules and 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

Complaint

To receive expedited treatment, a plaintiff or petitioner must attach to the complaint a certification that the case is eligible under 10 Del. C. § 348.

In order to receive expedited treatment under this rule, a plaintiff or petitioner must attach to the complaint a certification that the case is eligible to proceed under 10 Del. C. § 348.

CRITICALCivil cases

Applies to

Petition

A limited-guardianship petition must contain all information and annexed documents required by subsections (e) and (f).

A petition for limited guardianship shall contain all of the information and annexed documents required by subsections (e) and (f) of this rule.

CRITICALCivil cases

Applies to

Notice of filing account

The written notice must state that the account has been filed and is open for inspection and exception for 30 days from filing.

a notice in writing stating that the account has been filed and that the same will be open for inspection and exception for 30 days from the date of filing

CRITICALCivil cases

Applies to

Pro hac vice motion

An out-of-state attorney may be admitted pro hac vice at the Court’s discretion only on written motion by Delaware Counsel who maintains an in-state law office.

Attorneys who are not members of the Delaware Bar may be admitted pro hac vice in the discretion of the Court and such admission shall be made only upon written motion by a member of the Delaware Bar who maintains an office in this State for the practice of law (“Delaware Counsel”).

CRITICALCivil cases

Applies to

Responsive pleading

A response must state defenses to each claim, admit or deny opposing allegations, and fairly respond to their substance; general denials are prohibited except for nominal parties or parties joined only to ensure complete relief.

(b) Defenses; Admissions and Denials. (1) In General. In responding to a pleading, a party must: (A) state in short and plain terms its defenses to each claim asserted against it; and (B) admit or deny the allegations asserted against it by an opposing party. (2) Denials—Responding to the Substance. A denial must fairly respond to the substance of the allegation. (3) Specific Denials Required. A party must either specifically admit or deny each allegation. A general denial is not permitted, except by a nominal party or any other party joined only to ensure that full and complete relief can be granted.

CRITICALCivil cases

Applies to

Affidavit

A party proceeding in forma pauperis must file an affidavit affirming that no recovery was obtained before voluntarily dismissing a claim.

(d) Dismissal Affidavit. A party proceeding in forma pauperis must file an affidavit affirming that no recovery was obtained before voluntarily dismissing a claim.

CRITICALCivil cases

Applies to

Deposition notice

A deposition notice for an officer acting without a commission must cite the officer’s legal authority to administer an oath and take testimony.

Notices of deposition to be taken by an officer without a commission shall include citation to the legal authority that confers the powers of the officer to administer any necessary oath and take testimony.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

The motion to appoint an appraiser must be accompanied by a proposed appointment order.

The motion shall be accompanied by a proposed order for the appointment of an appraiser by the Court.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

The petition must include a form of order implementing the change of status.

(4) a form of order implementing the change of status.

CRITICALCivil cases

Applies to

Petition to modify trust by consent

Certain trust-modification petitions must address the listed situs and governing-law matters; the final requirement continues beyond this excerpt.

(d) In addition to the foregoing, any petition to modify a trust by consent that seeks to confirm a change of situs of a trust from another jurisdiction to Delaware, or that seeks to apply Delaware law to a trust despite a choice of law provision selecting the law of another jurisdiction, also shall address: (1) Whether the trust instrument contains a provision expressly allowing the situs of the trust or the law governing the administration of the trust to be changed; (2) If the trust was settled or created in a jurisdiction other than Delaware or contains a choice of law provision in favor of the law of a jurisdiction other than Delaware, whether or under what circumstances the law of the other jurisdiction authorizes changing the situs of the trust or the law governing the administration of the trust; (3) Whether application has been made to the courts of the jurisdiction in which the trust had its situs immediately before the change of situs to Delaware for approval of the transfer of situs of the trust to Delaware, and the status of the application, or if no application was made, why such approval need not be sought; (4) Whether Delaware law governs the administration of the trust, and, if so, why. To the extent that the petition relies upon the domicile of the trustee as support for a determination that the trust situs is Delaware or that Delaware law governs the administration of the trust, the petition shall explain

CRITICALCivil cases

The Producing Person must timely log Clawback Discovery Material it concludes is privileged.

Any Clawback Discovery Material that the Producing Person concludes is Privileged Discovery Material shall be timely logged by the Producing Person.

CRITICALCivil cases

Applies to

Subpoena

A party issuing a subpoena to a non-party must include the Stipulation and notify the non-party that its protections are available when producing information.

13. Any Party issuing a subpoena to a non-Party must include a copy of this Stipulation and notify the non-Party that the protections of this Stipulation are available to the non-Party when producing information.

CRITICALCivil cases

Applies to

Petition

The petition must state whether agency documents exist and where they are located.

(4) Agency Documents. The existence and location of any agency document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy executed by the Person with an Alleged Disability.

CRITICALCivil cases

The required filing must describe evidentiary issues, identify objected-to exhibits and the grounds for objection, and include an undertaking to premark trial exhibits and indicate whether they may be admitted without objection when feasible before trial.

(7) A description of any evidentiary issues that will require resolution, which shall include a listing of any exhibits which are objected to and the nature of the evidentiary objection, and an undertaking by counsel (or by parties not represented by an attorney) that insofar as is feasible before the trial commences, all trial exhibits will be premarked and will indicate whether they may be admitted into evidence without objection.

CRITICALCivil cases

Applies to

Class certification order

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

A class action must be certified by order. The order must define the class and identify a representative party.

CRITICALCivil cases

Applies to

Guardianship petition

The petition must include the specified information about the petitioner, the adult, interested parties, agency documents, and estate-planning documents.

The petition must contain the following information. (1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Person with an Alleged Disability, or, if not related, the nature of the petitioner’s interest in the health and wellbeing of the Person with an Alleged Disability. (2) Person with an Alleged Disability. The name, age, marital status, domicile, and current residence of the Person with an Alleged Disability, as well as: (A) if the Person with an Alleged Disability resides in an institution, the name and address of the institution and the date and circumstances surrounding the Person with an Alleged Disability’s admission; (B) if the Person with an Alleged Disability’s expenses are being paid by another person, the name of the person and the source of the funds; (C) if the Person with an Alleged Disability served in the armed forces of the United States, the branch and dates of service; and (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. (3) Interested Parties. The names and addresses of any potentially interested parties, including: (A) the Person with an Alleged Disability’s spouse; (B) any person who would inherit if the Person with an Alleged Disability died intestate; (C) any beneficiary in a testamentary instrument; (D) any person acting for or named by the Person with an Alleged Disability as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive or other health care proxy; (E) any person primarily responsible in the past six months for the Person with an Alleged Disability’s care or finances; and (F) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons. (4) Agency Documents. The existence and location of any agency document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy executed by the Person with an Alleged Disability. (5) Estate Documents. The existence and location of any estate planning document, including any will or trust.