Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Temporary restraining order

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

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

CRITICALCivil cases

Applies to

Account

A trustee may defer charging and collecting principal commissions, but the submitted account must note the accumulated amount computed but not charged.

The charge aid collection of principal commissions for 1 or more commission periods may at any time from time to time be deferred; in such case, a notion shall be entered on the account submitted to the Court showing the accumulated amount of such principal commissions as computed but not actually charged.

CRITICALCivil cases

Applies to

Petition

The petition must contain the required information, and for any unknown information it must describe the petitioner’s diligent efforts to obtain it.

(f) 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

Consent

Each consent executed under the representation statute must identify the statute and relationships, certify the absence of a material conflict, and include specified information in the signature block.

Each consent executed under 12 Del. C. § 3547, or any successor statute, shall include a reference to the statute, state the relationship of the person signing the consent to those represented, certify that no material conflict of interest exists between the consenting party and the person(s) represented, including any of the factors set forth in subsection (c) of this Rule, and include in the signature block the name of the person signing the consent, the class of those persons represented, and the relationship between the person signing the consent and the class of persons represented.

CRITICALCivil cases

Applies to

Pleading

A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

CRITICALCivil cases

Applies to

Proposed dismissal or settlement

Each representative party must provide a further affidavit meeting Rule 23(aa)(2)'s requirements.

(A) a further affidavit from each representative party that meets the requirements of Rule 23(aa)(2);

CRITICALCivil cases

Applies to

Petition

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

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

CRITICALCivil cases

Applies to

Motion to extend confidential treatment

A motion to extend confidential treatment must demonstrate that particularized disclosure harm clearly outweighs the public interest in access and must include evidentiary support for that harm.

The movant must demonstrate that the particularized harm from public disclosure of the Confidential Filing clearly outweighs the public interest in access to Court records. The movant must provide evidentiary support for the particularized harm.

CRITICALCivil cases

Applies to

Guardianship petition

A guardianship petition must be verified, and the verification must state that the petitioner believes its contents are true under penalty of perjury.

The petitioner must verify a petition for the appointment of a guardian for the person or property, or both, of an adult with an alleged disability (the “Person with an Alleged Disability”) under 12 Del. C. § 3901(a)(2)-(3). The verification must state that the petitioner believes the contents to be true under penalty of perjury.

CRITICALCivil cases

Applies to

Amended pleading

A party must file the amended pleading with the Court even after the Court grants leave to file it.

A party must file an amended pleading with the Court, even if the Court has granted a motion for leave to file the amended pleading.

CRITICALCivil cases

Applies to

Caption

The caption must name the association as a nominal plaintiff and may also name the member suing.

Despite Rules 10(a) and 17(a), the caption must name the association as a nominal plaintiff and may name the member suing.

CRITICALCivil cases

Applies to

Pretrial order

Counsel must submit the pretrial order in duplicate, confer in good faith about its contents, and, if unable to agree, each attorney or unrepresented party must submit a proposed order identifying disagreements.

No less than 3 days before the pretrial conference, counsel shall submit to the Court in duplicate, a pretrial order which shall meet the requirements of paragraph (c) of this Rule. Counsel shall confer in good faith effort to stipulate to the contents of the pretrial order. To the extent that counsel are unable to agree upon the contents of the pretrial order, each attorney (or party not represented by an attorney) shall submit to the Court a proposed pretrial order that shall indicate the areas of disagreement.

CRITICALCivil cases

Applies to

Undertaking

An otherwise unauthorized person may receive Confidential Discovery Material only with the specified court order or Producing Person approval, and the Receiving Person must sign an Undertaking.

j. any other person only upon (i) order of the Court entered after notice to the Parties, or (ii) written stipulation of, or statement on the record by, the Producing Person, so long as the Receiving Person signs an Undertaking.

CRITICALCivil cases

Applies to

Guardianship monitoring report

A report on a Court-referred review must detail the investigation, facts obtained, agency referrals, and any recommendation for immediate Court action.

Such report shall contain a detailed summary of the investigation conducted by the Guardianship Monitoring Program, any facts obtained through such investigation, any referral(s) made to another agency for further investigation, and any recommendation for immediate action by the Court.

CRITICALCivil cases

Applies to

Petition

The petition must list the Person with an Alleged Disability’s assets and their probable values, estimated income, 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

Deposition

A transcribed deposition must be submitted to the witness for examination and signature, subject to stated waivers and exceptions; if the witness does not sign within 30 days after notice, the officer must sign and record the reason.

When the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness within 30 days after the date when the reporter notifies the witness and counsel by mail of availability for examination by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless a motion to suppress under Rule 32(d) the Court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

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

Accounting

Each accounting must attach completed Court-form schedules identifying the specified 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

Waiver and consent

A copy of each beneficiary’s waiver and consent must be filed with the Register of Wills.

A copy of any waiver and consent shall be filed with the Register of Wills.

CRITICALCivil cases

Applies to

Petition

The petition’s verification must state that the petitioner believes its contents are true under penalty of perjury.

The verification must state that the petitioner believes the contents to be true under penalty of perjury.

CRITICALCivil cases

Applies to

Temporary restraining order

The affidavit or verified pleading supporting an unnoticed temporary restraining order must state specific facts clearly showing immediate and irreparable injury.

The Court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or verified pleading clearly show that immediate and irreparable injury,

CRITICALCivil cases

Applies to

Petition

The petition must have the petitioner’s history affidavit and personal information sheet in the Court-provided form annexed.

(2) An affidavit of petitioner’s history and personal information sheet, in the form provided for by the Court.

CRITICALCivil cases

Applies to

Mediation petition

Submit enough petition copies for delivery to each party unless the Court directs otherwise.

Sufficient copies shall be submitted so that one copy is available for delivery to each party as hereafter provided, unless the Court directs otherwise.

CRITICALCivil cases

Applies to

Notice of service

A party requesting or responding to discovery or furnishing an expert report must file a notice of service identifying the service certification, recipient, date, and manner of service.

A party requesting or responding to discovery or furnishing an expert report must file with the Court a notice of service containing the following information: (i) a certification that the paper was served; (ii) the person on which service was made; and (iii) the date and manner of service.

CRITICALCivil cases

Applies to

Trustee accounting

A trustee’s accounting must include a written certification of fair value with the applicable account, listing each principal asset, its value and valuation date, and previously allowed periodic principal commissions.

In any accounting which a trustee is required to file, such fair value so determined shall be certified to the Court in the form of written statements by the trustee filed with and as a part of the final account of the trustee, or in the case of partial distribution or transfer, as a part of the next account of the trustee required under these rules. Each such certification shall contain a complete list of the assets of the principal of the trust estate, the amount of the fair value of each asset, the date of such valuation and a statement of the amounts previously allowed the trustee as periodic principle commissions under this rule.

CRITICALCivil cases

Applies to

Proposed settlement

A proposed settlement must include the definitive agreement governing it.

(C) if a settlement, the definitive agreement governing the settlement.

CRITICALCivil cases

Applies to

Receiver first report

The receiver’s first report must state whether outstanding capital stock is fully paid and, if not, identify the affected shareholders, their addresses and shares, and the amounts they owe.

It shall be the duty of the receiver to include in the receiver’s first report a statement whether the capital stock outstanding has been fully paid in, and if not, the names and post-office addresses of the holders of shares whose stock has not been fully paid for, and the number of shares held by them respectively, and the sums of money due from each of them on that account.

CRITICALCivil cases

Applies to

Notice of proposed dismissal or settlement

Unless the Court orders otherwise, the notice 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) the definition of the class; (iv) a summary of the claims, issues, defenses, and relief that the class action sought; (v) a description of the terms of the proposed dismissal or settlement; (vi) any award of attorney’s fees or expenses, or any representative-party award, that will be sought if the proposed dismissal or settlement is approved; (vii) instructions for objectors; (viii) that additional information can be obtained by contacting class counsel; (ix) how to contact class counsel; and (x) not to contact the Court with questions about the terms of the proposed dismissal or settlement.

CRITICALCivil cases

Applies to

Proposed dismissal or settlement

Each proposed dismissal or settlement submission must include a further affidavit from every derivative plaintiff meeting Rule 23.1(b)(2).

The parties submitting the proposed dismissal or settlement must file: (A) a further affidavit from each derivative plaintiff that meets the requirements of Rule 23.1(b)(2);

CRITICALCivil cases

Applies to

Petition

A petition in an action under Chapter 57 must include the petitioner's undertaking to pay the Court-fixed reasonable fee for an attorney ad litem.

In any action filed pursuant to Chapter 57 of Title 16 of the Delaware Code, the petition shall be accompanied by an undertaking by the petitioner to pay the reasonable fee fixed by the Court for an attorney ad litem as required by §§ 5709 and 5710 of such chapter.

CRITICALCivil cases

Applies to

Receiver report

and forthwith file a report of the receiver’s performance of the duty, which report shall include an affidavit executed by the receiver and stating that the receiver has diligently inquired and has no knowledge of any additional creditors who are not identified in the list required by Rule 151(2).

and forthwith file a report of the receiver’s performance of the duty, which report shall include an affidavit executed by the receiver and stating that the receiver has diligently inquired and has no knowledge of any additional creditors who are not identified in the list required by Rule 151(2).

CRITICALCivil cases

Applies to

Petition

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 website 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

Motion to intervene

A motion to intervene must state its grounds for intervention.

The motion must state the grounds for intervention.

CRITICALCivil cases

Applies to

Receiver inventory

Unless the Court orders otherwise, a receiver must file an inventory and appraisement of the company’s estate, property, and effects with the Register in Chancery.

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: (1) An inventory of all the estate, property and effects of the company and an appraisement thereof to be made by appraisers to be appointed by the Court.

CRITICALCivil cases

Applies to

Undertaking

An expert may receive Confidential Discovery Material only under the stated conditions, including signing an Undertaking.

Confidential Discovery Material may be provided to an expert (i) only to the extent necessary for the expert to prepare a written opinion, to prepare to testify, or to assist counsel in this Litigation; (ii) only so long as the expert is not as of the time of signing an employee of, or advising or discussing employment with, any Party or any known Competitor as far as the expert can reasonably determine; (iii) only so long as the Expert uses the Confidential Discovery Material consistent with the terms of this Stipulation; and (iv) only if the Expert agrees to be bound by this Stipulation by signing an Undertaking.

CRITICALCivil cases

The required paragraph must require the guardian to notify the Court of the person’s death within 10 days.

(F) a paragraph requiring the guardian to notify the Court of the death of the person with a disability within 10 days of the death;

CRITICALCivil cases

Applies to

Petition

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

(5) Estate Documents. The existence and location of any estate planning document, including any will or trust.

CRITICALCivil cases

Applies to

Responsive pleading

A party partially denying an allegation must admit the true portion 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

Letter

If the assigned judicial officer has left the Court, the movant must submit a letter to the Chancellor identifying the motion and seeking reassignment for its hearing.

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

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

Deposition transcript

A deposition transcript or the relevant portion used in a proceeding must be filed in accordance with Rule 5.1.

The obligation to “file” a deposition transcript or the relevant portion that is used in the proceeding under Rule 5(c)(3)(E) contemplates filing in accordance with Rule 5.1.

CRITICALCivil cases

Applies to

Final order

As applicable, the final order form must state that the guardian cannot withdraw the full monthly allotment and must pay expenses directly from the guardianship account or accounts.

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

CRITICALCivil cases

Applies to

Petition or accounting

If the application for dispensing with personal appearance is approved, the petition or accounting must include the personal representative's affidavit affirming its accuracy and the representative's honest and integral performance of duties.

If the application provided for in paragraph (a) above is approved there shall be attached to any petition for the grant of letters testamentary or of administration or any accounting an affidavit of the personal representative that all statements contained in the petition or that all statements and entries contained in the accounting filed by the personal representative are true and correct and that the personal representative will perform or has performed the duties of the office of personal representative with honesty and integrity.

CRITICALCivil cases

Applies to

Judgment

A judgment in a Rule 23(b)(1) or (b)(2) class action must include and describe the persons the Court finds are class members.

in an action maintained as a class action under Rule 23(b)(1) or Rule 23(b)(2), include and describe those whom the Court finds to be class members;

CRITICALCivil cases

Applies to

Summary judgment motion

A summary judgment motion should identify each claim or defense, or the part of one, on which summary judgment is sought.

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

A petition for appointment of a guardian of a minor’s property must have the minor’s birth certificate annexed.

(1) A birth certificate of the minor.

CRITICALCivil cases

Applies to

Affidavit

When guardianship is no longer necessary because substitute measures are available and in the person's best interest, an affidavit must identify the substitute decision-making means and include the responsible individual's consent.

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

Complaint counterclaim crossclaim

Complaints, counterclaims, and crossclaims must be verified.

The following papers must be verified: (A) complaints; (B) counterclaims; (C) crossclaims;

CRITICALCivil casesCourt notice

Applies to

Petition

A Rule 178A petition must describe efforts to obtain physicians’ affidavits that the petitioner did not provide under paragraph (a)(2)(D).

“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.”

CRITICALCivil cases

Applies to

Petition

Before refusing to comply with or revoking an advance health-care directive, the guardian must petition for and obtain an order permitting the action.

If a guardian for the person of a person with a disability desires to refuse to comply with a provision of, or to revoke, the person with a disability’s advance health- care directive, then the guardian must first petition the court for and obtain an order expressly permitting the acts taken by the guardian.