Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Brief

Unless the Court orders otherwise, only the listed briefs may be filed: specified motion briefs, specified settlement or attorney-fee briefs, pre-trial briefs, and post-trial briefs.

Except as the Court orders, only the following briefs may be filed: (A) an opening, answering, and reply brief for a motion under Rule 12, 23, 23.1, 41(b), 56, or 65; (B) briefs relating to the approval of a settlement or application for attorney’s fees and expenses for an action under Rule 23, 23.1, or 23.2; (C) pre-trial briefs; and (D) post-trial briefs.

CRITICALCivil cases

Applies to

Surety company power of attorney

Each surety company must file a power of attorney with the Register in Chancery in each county where it does business during January each year, 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 in Chancery of the Court of Chancery, 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

Petition to modify trust by consent

A party seeking to modify a trust by consent must file a petition with the Register in Chancery.

(a) A party seeking to modify a trust by consent shall file a petition with the Register in Chancery.

CRITICALCivil cases

Applies to

Receiver report

After making distributions under the Court’s order, the receiver must report those proceedings to the Court and submit vouchers for all payments.

and thereupon the receiver shall make report to the Court of the receiver’s proceedings under the order of distribution, submitting vouchers for all payments so made.

CRITICALCivil cases

Applies to

Consent

Each consent must include the party’s consent to the jurisdiction of the State’s courts for the specified trust-administration and future related matters.

Each consent shall include a statement in which the consenting party consents to the jurisdiction of the courts of this State as a proper forum for (i) the resolution of all matters pertaining to the administration of the trust for so long as the situs of the trust is Delaware and (ii) any future matters arising out of or relating to the subject matter of the petition.

CRITICALCivil cases

Applies to

Notice of proposed dismissal or settlement

Unless the Court orders otherwise, notice of a proposed dismissal or settlement 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

Opening or answering brief

Opening and answering briefs must include a record-supported statement of facts, a sectioned argument, and a conclusion stating the relief sought.

(iv) in an opening or answering brief, a statement of facts with references to the record; (v) an argument, divided into sections (and subsections, if needed); and (vi) a conclusion stating the relief sought.

CRITICALCivil cases

Applies to

Physician affidavit

The petition must include a physician’s affidavit executed within the last three months by an authorized medical or osteopathic doctor using the Court’s most recent form.

(4) a physician’s affidavit, executed by a medical or osteopathic doctor authorized to practice medicine within the last three months, using the Court’s most recent form, available on the Court’s website;

CRITICALCivil cases

Applies to

Order for sale

An order for sale in a partition must set a return date at least 3 weeks after the order’s date.

An order for the sale of property in partition shall fix the time for the return thereof, which shall not be less than 3 weeks after the date of the order.

CRITICALCivil cases

Applies to

Pleading

Complaints, specified related pleadings, and amendments or supplements must be verified by the filing party under oath or affirmation; an authorized person must verify papers filed by entities or associations.

The following papers must be verified: (A) complaints; (B) counterclaims; (C) crossclaims; (D) third-party complaints; and (E) amendments or supplements to those pleadings. 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. An authorized person must verify a paper filed by an entity or association.

CRITICALCivil cases

Applies to

Petition

The petitioner must verify the capacity petition and state under penalty of perjury that its contents are believed to be true.

(a) Verification. The petitioner must verify a petition to determine whether an adult person has capacity (the “Subject Person”) under 12 Del. C. § 2506. The verification must state that the petitioner believes the contents to be true under penalty of perjury.

CRITICALCivil cases

Applies to

Pleading

A pleading alleging fraud or mistake must state the circumstances constituting it with particularity.

In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.

CRITICALCivil cases

Applies to

Receiver bond

If no answer admitting the bill’s allegations has been filed by the hearing, appointment or continuation of a receiver pendente lite may be conditioned on the receiver giving a bond to Delaware within the time set in the appointment order, with court-approved surety.

Upon the hearing of the rule, if an answer admitting the allegations of the bill be not then filed, a receiver pendente lite may be appointed or the receiver theretofore appointed may be continued until final order, or until the further order of the Court, upon the giving of a bond by the receiver to the State of Delaware within the time fixed in the order of appointment, with surety to be approved by the Court.

CRITICALCivil cases

Applies to

Guardianship accounting

An accounting cannot be approved before the annual update and medical statement is provided, but the Office of Public Guardian may submit its own review form instead.

No accounting shall be approved before the annual update and medical statement is provided, except the Office of Public Guardian may provide its own review form in lieu of the annual update and medical statement required by Rule 180-B.

CRITICALCivil cases

When the plaintiff asserts a claim against a third-party defendant, the third-party defendant must assert any Rule 12 defense.

The third-party defendant must then assert any defense under Rule 12

CRITICALCivil cases

Applies to

Application

A personal representative need not appear in person for the specified events if a written application shows that the representative is represented by a Delaware-admitted attorney or serves with a co-fiduciary who will appear or is so represented.

The personal appearance of a personal representative at the Office of the Register of Wills shall not be required at the time of grant of Letters of Testamentary or of Administration, granted pursuant to Chapter 15 of Title 12 of the Delaware Code, or at the time of filing an interim or final accounting, filed pursuant to Chapter 23 of Title 12 of the Delaware Code, if upon written application to the Register of Wills it is shown that the personal representative is represented in the probate proceedings by an attorney admitted to practice before the Supreme Court of the State of Delaware, or the personal representative is serving as a co-fiduciary with a personal representative who will appear or who is represented in the probate proceedings by an attorney admitted to practice before the Supreme Court of the State of Delaware.

CRITICALCivil cases

Applies to

Letter

If the assigned judicial officer is no longer a member of the Court, the movant must submit the Chancellor a letter identifying the motion and seeking reassignment to hear it.

If the judicial officer who was assigned to the case is no longer a member of the Court, the movant must submit a letter to the Chancellor identifying the motion and seeking reassignment for the purpose of hearing the motion.

CRITICALCivil cases

Applies to

Interrogatory objection

Objections to interrogatories must state every ground specifically and timely, or unstated grounds are waived unless the Court excuses the failure for good cause.

(4) All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party’s failure to object is excused by the Court for good cause shown.

CRITICALCivil cases

Applies to

Confidential filing

Every page of a Confidential Filing, except voluminous exhibits, must bear the specified confidentiality footer.

(3) Except for voluminous exhibits, every page of a Confidential Filing must have a footer stating: THIS DOCUMENT IS A CONFIDENTIAL FILING. ACCESS IS PROHIBITED EXCEPT AS AUTHORIZED BY RULE 5.1 OR BY COURT ORDER.

CRITICALCivil cases

Applies to

Responsive pleading

Every defense to a claim for relief must be asserted in the responsive pleading when one is required.

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required.

CRITICALCivil cases

Applies to

Objection to proposed dismissal or settlement

A person situated similarly to the derivative plaintiff may object, and the objection must specifically state its grounds and purpose.

Any person situated similarly to the derivative plaintiff may object to the proposed dismissal or settlement. The objection must state with specificity the grounds for and purpose of the objection.

CRITICALCivil cases

Applies to

Complaint

The complaint must show cause for and request appointment of a receiver pendente lite for the Court to appoint one under this provision.

A receiver pendente lite may be appointed by the Court if cause therefor be shown by the complaint, and it be prayed for therein;

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

Derivative action complaint

A derivative-action complaint must state with particularity the plaintiff’s efforts to obtain the desired action and reasons for not obtaining it or not making the effort, and allege facts supporting a reasonable inference of derivative standing.

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

Consent

A consent must be acknowledged by an authorized notary or similar foreign official unless justifiable cause prevents acknowledgment and the Court waives it by separate order.

Each consent shall be acknowledged by a person authorized to notarize documents (or a similar official if a document is signed in a foreign jurisdiction) unless there is justifiable cause why the consents cannot be acknowledged and the Court waives the requirement of an acknowledgment by separate order.

CRITICALCivil cases

Applies to

Petition

The petition must provide the required information or, if information is unknown, state and describe the petitioner’s diligent efforts to obtain it.

(b) Form. The petition must contain the following information. If information is unknown, the petition must state that the petitioner has made diligent efforts to obtain the information, and describe those efforts.

CRITICALCivil cases

Applies to

Settlement approval order

A settlement approval order that establishes a process to compensate class members must provide for disbursement of any residual settlement funds.

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

Periodic accounting

Each periodic accounting claiming principal commissions must include a trustee's written certification for each commission period, listing each principal asset and its fair value, the valuation method, and the valuation date.

In any periodic accounting which a trustee is required to file under Rule 114, such fair value so computed shall be certified to the Court in the form of written statements by the trustee, 1 for each commission period for which principal commissions are claimed. Each such certification shall contain a complete list of assets of the principal of the trust estate, the amount of the fair value of each asset, a statement showing which of the methods above referred to has been adopted as a basis of the valuation and the date of such valuation.

CRITICALCivil cases

Applies to

Summons

A summons for service under a consent statute must identify that statute and include a copy of it.

A summons for service under a consent statute must identify the consent statute and append a copy of the statute.

CRITICALCivil cases

Applies to

Petition

The petition must generally allege that disability prevents the Person with an Alleged Disability from properly managing their person or property and puts them at risk of property dissipation or exploitation.

(7) Incapacity. A general allegation that the Person with an Alleged Disability is unable properly to manage their person or property because of a disability, and consequently is in danger of dissipating their property or becoming the victim of designing persons.

CRITICALCivil cases

Applies to

Petition

The form of final order must include language discharging any attorney ad litem.

(C) language discharging any attorney ad litem;

CRITICALCivil cases

Applies to

Hearing notice

The notice shall state (a) the caption of the case,

The notice shall state (a) the caption of the case,

CRITICALCivil cases

Applies to

Public version

If a public version was not previously required and none exists, the filer must file a public version when the Confidential Filing is challenged.

If Rule 5.1(f)(1) did not require the filing of a public version of the challenged Confidential Filing and a public version does not exist, then the filer of the Confidential Filing must file a public version.

CRITICALCivil cases

Applies to

Guardianship accounting

A guardian must attach the Rule 180-B annual update and medical statement to each accounting except the first and final accountings.

The guardian shall attach to each accounting, except the first accounting and the final accounting, the annual update and medical statement required by Rule 180-B of these rules.

CRITICALCivil cases

Applies to

Affidavit

If an affidavit attaches documents as exhibits, the affiant must certify that they are originals or true and correct copies.

An affidavit may attach documents as exhibits that the affiant certifies as originals or true and correct copies.

CRITICALCivil cases

Applies to

Yearly accounting

A fee-for-service guardian must file a yearly accounting that includes the accrued fees claimed.

Fee-for-service guardians shall file a yearly accounting of the estate of the person with a disability, which shall include the accrued fees claimed by the guardian.

CRITICALCivil cases

Applies to

Written motion opposition reply

A written motion, opposition, or reply must contain, in the order indicated: (i) the title of the motion, opposition, or reply; (ii) an introduction; (iii) in the motion or opposition, any relevant background; (iv) an argument; and (v) a conclusion stating the relief sought.

A written motion, opposition, or reply must contain, in the order indicated: (i) the title of the motion, opposition, or reply; (ii) an introduction; (iii) in the motion or opposition, any relevant background; (iv) an argument; and (v) a conclusion stating the relief sought.

CRITICALCivil cases

Applies to

Creditor claim

A claim based on an obligation of record must include a certified abstract of the record.

Claims based on obligations of record must be accompanied with a certified abstract of the record.

CRITICALCivil cases

Applies to

Privilege claim

A claim withholding subpoenaed information as privileged or protected trial-preparation material must be express and supported by a description sufficient to let the demanding party contest it.

When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, electronically stored information, or tangible things not produced that is sufficient to enable the demanding party to contest the claim.

CRITICALCivil cases

Applies to

Production request

A production request must identify and describe the requested items or categories with reasonable particularity and specify a reasonable time, place, and manner for inspection.

The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.

CRITICALCivil cases

Applies to

In forma pauperis application

An in forma pauperis application must include an affidavit complying with 10 Del. C. §§ 8802 to 8804.

The application must include an affidavit that complies with 10 Del. C. §§ 8802 to 8804.

CRITICALCivil cases

Applies to

Trustee return

A partition-sale trustee must file the listed deposit and lien-search certificates with the trustee’s return.

A trustee appointed to make a sale in partition shall file with the trustee’s return a certificate of deposit of purchase moneys in the depository bank; certificates from the collectors of taxes (county and city or town) and a certificate from the Clerk of the District Court of the United States for the District of Delaware, evidencing a search for liens in their respective offices against the parties entitled to shares in such real property; and a certificate of the trustee, or the trustee’s attorney, evidencing a search for liens in the offices of the Recorder of Deeds and Prothonotary against said parties.

CRITICALCivil cases

The listed information to be provided includes the defendant’s last-known address or diligence-based explanation, a property description and estimated value, title or interest details, the information source, and reasons for omissions.

(B) providing a last-known address or stating that the last-known address is unknown and cannot be ascertained after reasonable diligence; (C) providing a reasonable description of property to be sequestered, including the estimated value of the property; (D) describing the nature of the defendant’s title or interest in the property and—if that title or interest is beneficial in nature—the name of the holder of legal title; (E) identifying the source of the information; and (F) providing reasons for omitting any information.

CRITICALCivil cases

Applies to

Final order

As applicable, the final order form must include language discharging any attorney ad litem.

(C) language discharging any attorney ad litem;

CRITICALCivil cases

Applies to

In camera submission

A person submitting a document for in camera review must also file a letter noting the submission.

Rule 5(g) provides that when a person submits a document to the Court for in camera review (i.e., documents which will not be seen by other case participants or made publicly available), the person must also file a letter noting the submission.

CRITICALCivil cases

The required filing must identify desired pleading amendments and state whether each is opposed and, if so, the grounds.

(5) Any amendments of the pleadings desired by any party, with a statement as to whether it is unopposed or objected to, and if objected to, the grounds therefor.

CRITICALCivil cases

Applies to

Affidavit

For service under 10 Del. C. § 365, the plaintiff must file an affidavit; the affidavit’s required contents continue beyond this excerpt.

The plaintiff must file an affidavit stating that:

CRITICALCivil cases

Applies to

Consent

A consent must be executed by the beneficiary or by a person authorized to represent the beneficiary under one of the listed legal authorities.

Each consent shall be executed by (i) the beneficiary personally; (ii) the beneficiary’s attorney ad litem; (iii) a person authorized to represent the beneficiary under 12 Del. C. § 3547 or any successor statute; or (iv) a person authorized by applicable law to represent the beneficiary as to the petition (such as, but not limited to, the beneficiary’s attorney-in-fact or the Attorney General in the case of certain charitable beneficiaries).

CRITICALCivil cases

Applies to

Petition

The petition must include a form of final order that, as applicable, states that a court order is required for the specified safe-deposit-box, vehicle, or real-property actions.

(2) a form of final order that includes, as applicable: (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

Notice of proposed dismissal or settlement

Notice of a proposed dismissal or settlement must follow the Court’s directions, but the Court may dispense with notice in the specified circumstances.

Notice of the proposed dismissal or settlement must be given in the manner directed by the Court. (A) Dismissal Without Notice. But the Court may order dismissal without notice if the dismissal is to be without prejudice or with prejudice to the derivative plaintiff only.