Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Pleading or other reasonable written notice

A party intending to raise an issue of foreign law must give notice in the pleadings or another reasonable written notice.

A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice.

CRITICALCivil cases

Applies to

Supporting affidavit

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

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

Affidavit

The petition must include affidavits describing efforts to locate any interested party whose contact information is not provided.

(6) affidavits describing petitioner’s efforts to locate any interested party for whom contact information is not provided.

CRITICALCivil cases

Applies to

Subpoena

A subpoena must set forth the text of subdivisions (c) and (d) of the rule.

(D) Set forth the text of subdivisions (c) and (d) of this rule.

CRITICALCivil cases

Applies to

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

Petition

For unknown information, the petition must say it is unknown, represent that diligent efforts were made to obtain it, and describe those efforts.

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

Production response

A partial objection must identify the objected-to part and permit inspection of the remaining parts.

If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts.

CRITICALCivil cases

Applies to

Accounting

A personal representative must file the accounting with the names and mailing addresses of each beneficiary entitled to share in the estate.

Upon the filing of an accounting by a personal representative with the statement of the names and mailing addresses of each beneficiary entitled to share in the distribution of the estate as provided by 12 Del. C. § 2302, and after adjustment and settlement of such accounting by the Register of Wills, the Register of Wills shall mail to such persons written notice that the accounting has been filed and will be open for inspection and exception for 3 months from the date of mailing of the notice in accordance with Article IV, § 32 of the Constitution of 1897.

CRITICALCivil cases

Applies to

Appearance of counsel

An appearance of counsel must identify an individual attorney by name, not only the law firm.

An appearance of counsel must bear the name of an individual attorney—not just a firm’s name.

CRITICALCivil cases

Applies to

Petition

The petition must include a form of preliminary order scheduling a hearing and providing for notice.

(1) A form of preliminary order scheduling the matter for a hearing and providing for notice;

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached in mediation must be written, signed by the parties and Mediator, and state the resolution terms and each party’s future responsibilities.

If the parties involved in the mediation conference reach agreement with regard to the issues identified in the petition, their agreement shall be reduced to writing and signed by the parties and the Mediator. The agreement shall set forth the terms of the resolution of the issues and the future responsibility of each party.

CRITICALCivil cases

Applies to

Class notice

For a Rule 23(b)(3) class, the Court must direct the best practicable notice, including individual notice when members can be identified through reasonable effort, and the notice must explain exclusion, the judgment’s binding effect, and the option to appear through counsel.

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

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

Petition

The petition must include affidavits describing efforts to locate any interested party whose contact information is not provided.

(6) affidavits describing petitioner’s efforts to locate any interested party for whom contact information is not provided.

CRITICALCivil cases

Applies to

Petition

The petition must provide the names and addresses of potentially interested parties, including the listed relatives, beneficiaries, fiduciaries, caregivers, and contacts for minors.

(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.

CRITICALCivil cases

Applies to

Creditor claim

A claim for interest on an instrument bearing interest must state the date from which interest is claimed and the interest rate.

When interest is claimed on instruments bearing interest according to the terms thereof, the time from which interest is claimed and the rate thereof shall be stated in the claim.

CRITICALCivil cases

Applies to

Petition

A petition to modify a trust by consent must address the trust’s creation and history, its out-of-state or choice-of-law status, and the Court’s jurisdiction, including specified Delaware fiduciary information where applicable.

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

CRITICALCivil cases

Applies to

Subpoena

A subpoena must specify the command directed to each person and the time and place for compliance.

(C) Command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated documents, electronically stored information, or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and

CRITICALCivil cases

Applies to

Petition

The petition must allege incapacity and the resulting danger, and must allege specific imminent harm or loss if an interim guardian is sought.

(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. If an interim guardian is sought, specific allegations demonstrating that the Person with an Alleged Disability is in danger of incurring imminent serious physical harm or substantial economic loss or expense, which may occur before a hearing for the appointment of a guardian may be held.

CRITICALCivil cases

Applies to

Confidentiality stipulation

The confidentiality stipulation is subject to Court approval.

IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, as follows:

CRITICALCivil cases

Applies to

Receiver depository statement

The receiver must file a written statement identifying the depository immediately after making the first deposit.

Immediately upon making the first deposit therein, the receiver shall file in the office of the Register a written statement of the depository showing compliance with this provision.

CRITICALCivil cases

Applies to

Affidavit

A person moving to quantify an award must submit an affidavit containing the specified work, time, rate, cost, incurred-amount, and other Court-directed information.

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.

CRITICALCivil cases

Applies to

Written agreement

A written agreement to litigate in the Court of Chancery under 10 Del. C. § 346 must include the specified language.

(a) Provided that the parties and the amount in controversy meet the eligibility requirements in 10 Del. C. § 346, a written agreement to engage in litigation in the Court of Chancery is acceptable if it contains the following language: “The parties agree that any dispute arising under this agreement shall be litigated in the Court of Chancery of the State of Delaware, pursuant to 10 Del. C. § 346. The parties agree to submit to the jurisdiction of the Court of Chancery of the State of Delaware and waive trial by jury.”

CRITICALCivil cases

Applies to

In camera review submission

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

If a person submits a document to the Court for in camera review, then the person must file a letter noting the submission.

CRITICALCivil cases

Applies to

Complaint

A civil action is commenced by filing a complaint with the Register in Chancery.

A civil action is commenced by filing a complaint with the Register in Chancery.

CRITICALCivil cases

Applies to

Stockholder list

Unless the Court orders otherwise, a receiver must file a list of the company’s stockholders with their last-known post-office addresses or places 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: (3) A list of the stockholders of the company with the last-known post-office address or place of business.

CRITICALCivil cases

Applies to

Petition

If an attorney filed the petition on the guardian’s behalf, the form of final order must state the attorney’s responsibility to ensure the required account is opened and proof of compliance and inventory are filed within 30 days.

(D) if an attorney filed the petition on behalf of the guardian, a paragraph stating that the attorney is responsible for ensuring that any guardianship bank account required by the final order is properly opened and that the proof of compliance and inventory are filed within 30 days;

CRITICALCivil cases

Applies to

Petition

The form of final order must include language stating that a guardian cannot withdraw the full monthly allotment and must pay expenses directly from the guardianship account or accounts.

(B) language that that a guardian cannot withdraw the full monthly allotment and must pay expenses directly from the guardianship account(s);

CRITICALCivil cases

Applies to

Summary judgment motion

A party may move for summary judgment, and the motion must identify each claim or defense, or portion, at issue.

A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought.

CRITICALCivil cases

Applies to

Petition

The petition must include the listed proposed orders, disputed capacity determination, and specified affidavits, with attorney-ad-litem discharge language included in the final-order form as applicable.

(g) 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 16 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

Agreement to be bound

A non-Party must sign and file an agreement to be bound by the Clawback Order before accessing Clawback Discovery Material.

This Clawback Order governs Clawback Discovery Material produced by any Party or non-party who executes and files with the Court its agreement to be bound by this Clawback Order. No non-Party has access to Clawback Discovery Material before signing and filing the agreement to be bound.

CRITICALCivil cases

Applies to

Creditor claim

A claim based on written evidence of indebtedness must include the instrument, or, if it is lost or destroyed, a sworn statement explaining the circumstances.

Claims based on written evidence of indebtedness must be accompanied by such instrument, unless the same be lost or destroyed, and in such case a statement under oath of the circumstances of such loss or destruction shall be filed with the claim.

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

Challenge notice

A challenge notice must identify each challenged Confidential Filing by docket number, Transaction ID, title, or other identifying information.

The challenge notice must identify each challenged Confidential Filing by docket number, Transaction ID, title, or other identifying information.

CRITICALCivil cases

Applies to

Redaction designation

A person who designates information for redaction certifies compliance with the rule.

A person designating information for redaction certifies compliance with this rule.

CRITICALCivil cases

Applies to

Deposition notice

A deposition notice must identify the time, place, deponent, any materials sought by subpoena, and the method of recording.

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. The party taking the deposition shall state in the notice the method by which the testimony shall be recorded.

CRITICALCivil cases

Applies to

Summons

For a complaint seeking determination of the order of payment of a decedent’s creditors, a summons must issue requiring all interested parties to appear and answer.

When a complaint is filed by an executor or administrator for determination by the Court of the order of payment of creditors of a decedent, a summons shall issue directed to and requiring all parties in interest to appear and answer the complaint.

CRITICALCivil cases

Applies to

Petition

The petition must include a form of final order containing the applicable provisions listed in the rule.

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

CRITICALCivil cases

Applies to

Petition

The petition must identify the petitioner by name and address and state the petitioner’s relationship to the Subject Person or, if unrelated, the petitioner’s interest in the Subject Person’s health and wellbeing.

(1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Subject Person, or, if not related, the nature of the petitioner’s interest in the health and wellbeing of the Subject Person.

CRITICALCivil cases

Applies to

Appraiser appointment

The appraiser must be appointed by the Court, independent of the parties, and disinterested in the transaction.

The appraiser appointed shall be appointed by the Court and shall be independent of the parties and disinterested in the transaction.

CRITICALCivil cases

Applies to

Withdrawal notice

An attorney who appeared for the petitioner may withdraw by notice if the petitioner signs the notice to express consent.

(d) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice.

CRITICALCivil cases

Applies to

Creditor claim

Book accounts included in a creditor’s claim must be fully itemized.

All book accounts shall be fully itemized.

CRITICALCivil cases

Applies to

Petition

A petition seeking approval must include the facts and circumstances supporting or recommending the requested withholding or withdrawal of health care.

(1) the facts and circumstances requiring or recommending direction to withhold or withdraw artificial nutrition or hydration, mechanical ventilation, or other health care;

CRITICALCivil cases

Applies to

Petition

The petition must include a form of preliminary order scheduling a hearing and providing for notice.

(1) a form of preliminary order scheduling the matter for a hearing and providing for notice;

CRITICALCivil cases

Applies to

Fiduciary accounting

Each accounting must attach completed Court-form schedules identifying the listed balances, transactions, income, deductions, and debits.

Completed schedules on the Court’s forms identifying: (A) the starting principal balance; (B) the date, source, and amount of any additions to principal; (C) the date, source, and amount of any income received; (D) any deductions from principal, explaining when and why made; (E) the date, source, amount, recipient, and purpose of every debit; and (F) the ending principal balance.

CRITICALCivil cases

Applies to

Information about notice

The parties must provide enough information for the Court 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

Petition

Must include

proposed order

The petition must include the specified preliminary and final orders, authority document or efforts affidavit, and affidavits describing efforts to locate certain interested parties.

(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 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

Default judgment

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

Pleading written motion other paper

By presenting or later advocating a paper, attorneys and unrepresented parties certify after a reasonable inquiry that it is not improper, its legal contentions are warranted, and its factual assertions and denials meet the stated evidentiary standards.

(b) Representations to the Court. 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

Proposed briefing schedule

The parties must submit a proposed briefing schedule on exceptions to the Reviewing Judge within five days after the notice of exceptions is filed.

The parties must submit a proposed briefing schedule on exceptions to the Reviewing Judge within five days after the notice of exceptions is filed.