Delaware Court of Chancery Document Filing Requirements

CRITICALCivil cases

Applies to

Receiver report

Each receiver’s report must cover the receiver’s proceedings and the state of the company’s affairs.

Every receiver shall within 3 months of being appointed submit to the Court a full report of the receiver’s proceedings and the state of the affairs of the company, and thereafter make like report at the expiration of each year during the pendency of the receivership.

CRITICALCivil cases

Applies to

Derivative plaintiff affidavit

The derivative-plaintiff affidavit must state that the person has not received, been promised, or been offered—and will not accept—compensation for serving, subject to the listed exceptions.

The affidavit must state that the person has not received, been promised, or been offered—and will not accept—any form of compensation, directly or indirectly, for serving as a derivative plaintiff, except for: (A) the indirect benefit from any damages or other relief that the Court may award to the entity; (B) a ratable share of any damages or other relief that the Court may award; (C) any fees, costs, or other payments that the Court expressly approves to be paid to or on behalf of the person; or (D) reimbursement from the person’s attorneys of actual and reasonable out-of-pocket expenditures incurred in prosecuting the action.

CRITICALCivil cases

Applies to

Affidavit

The representative party’s affidavit must disclose that the person has not received, been promised, or been offered—and will not accept—compensation for serving, subject to the listed exceptions.

The affidavit must state that the person has not received, been promised, or been offered—and will not accept—any form of compensation, directly or indirectly, for serving as a representative party, except for: (A) any damages or other relief that the Court may award the person as a class member; (B) any fees, costs, or other payments that the Court expressly approves to be paid to or on behalf of the person; or (C) reimbursement from the person’s attorneys of actual and reasonable out-of-pocket expenditures incurred in prosecuting the action.

CRITICALCivil cases

Applies to

Hearing notice

A party obtaining a hearing must give notice stating its date, time, place, and purpose to the specified parties, recent Delaware counsel, and interested parties, subject to the stated harm exception.

Any party obtaining a hearing must give notice of the date, time, place and purpose of the hearing to: (1) the other parties; (2) any Delaware attorney who has represented the Person with an Alleged Disability, Subject Person, or Principal within the past two years; and (3) all interested parties unless the Court determines that notice to a particular interested party would harm the person that is the subject of the proceeding.

CRITICALCivil cases

Applies to

Mediation petition

The petitioning party must provide the Register in Chancery with each party’s address.

The petitioning party shall provide the Register in Chancery with addresses of each party.

CRITICALCivil cases

Applies to

Discovery

Discovery requires a notice of service even when papers are served electronically.

Rule 5(f) provides that a certificate of service is not needed for a paper served electronically (except for discovery, which still requires a notice of service).

CRITICALCivil cases

Applies to

Petition

The petition must include two physician affidavits outlining the medical requirements and needs supporting the requested instructions.

(2) two physician’s affidavits outlining the medical requirements and needs supporting the instructions;

CRITICALCivil cases

Applies to

Paper

An authorized person must verify any paper filed by an entity or association.

An authorized person must verify a paper filed by an entity or association.

CRITICALCivil cases

Applies to

Summons

A summons must identify the Court and parties, provide the specified plaintiff and appearance information and default warning, be directed to the defendant, and bear the Register’s signature and Court seal.

The summons must: (1) name the Court and the parties; (2) be directed to the defendant; (3) state the name and address of the plaintiff or—if represented—the plaintiff’s attorney; (4) state the time within which the defendant must appear and defend; (5) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; (6) be signed by the Register in Chancery; and (7) bear the Court’s seal.

CRITICALCivil cases

Applies to

Judgment

A judgment in a Rule 23(b)(3) class action must specify or describe the notice recipients who did not opt out and whom the Court finds are class members.

in an action maintained as a class action under Rule 23(b)(3), include and specify or describe those to whom the Rule 23(c)(2) notice was directed, who have not requested exclusion, and whom the Court finds to be class members.

CRITICALCivil cases

Applies to

Stipulation

If the parties stipulate to final adjudication by a Magistrate in Chancery, they must file the stipulation with the Register and include substantially the specified agreements.

Any stipulation must be filed with the Register in Chancery and include language substantially in the following form: (A) the parties agree to submit this action to a Magistrate in Chancery for a final decision under 10 Del. C. § 350 and Court of Chancery Rule 144(g); (B) the parties waive the right to seek judicial review of the Magistrate in Chancery’s decision at the trial court level; (C) the parties agree that the Magistrate in Chancery’s final decision will constitute a decision of the Court of Chancery; and (D) the parties confirm their understanding that any appeal from the decision will be subject to the same procedural and substantive standards as are applicable to appeals from decisions of the Chancellor or a Vice Chancellor.

CRITICALCivil cases

Applies to

Petition for appointment guardian

A petition for appointment of a guardian for an adult with an alleged disability 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. § 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

Petition

The petition must provide the required information; for any unknown information, it must state that it is unknown and describe the petitioner’s diligent efforts to obtain it.

The petition must contain the following information. 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

Petition

If another person pays the Person with an Alleged Disability’s expenses, the petition must identify that person and the source of the funds.

(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;

CRITICALCivil cases

Applies to

Inventory

A court-appointed guardian of property or trustee must file a verified inventory with an affidavit confirming diligent inquiry and that all discovered assets are included.

(a) Each guardian of the property or trustee appointed by the court shall file a verified inventory with an affidavit that he or she has made diligent inquiry concerning the guardianship or trust assets and that the inventory contains all that have come to light.

CRITICALCivil cases

Applies to

Statement of claim

A person filing an estate claim with the Register of Wills must submit a written Statement of Claim containing the listed information and documentation, including a copy of a signed written obligation if available.

A person having a claim against an estate who wants to file such claim with the Register of Wills pursuant to 12 Del. C. § 2104(1) shall file a written Statement of Claim with the Register of Wills which shall include the following information and documentation: 1. Name of deceased. 2. The name and address of the claimant. 3. The amount of the claim. 4. Statement as to the basis of the claim. 5. A copy of any written obligation signed by decedent, if available. 6. A statement as to whether the debt is due or not yet due. If the debt is not yet due, the date when the debt is due shall be stated. 7. A statement as to whether the claim is contingent or unliquidated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. 8. A statement as to whether the claim is secured or unsecured. If the claim is secured, the security shall be described. 9. A statement that the claim is being filed within the time limitation of 12 Del. C. § 2102.

CRITICALCivil cases

Applies to

Objection

An objection must specify its grounds and purpose and identify whether it applies to the objector, a subset of members, or all members.

The objection must state with specificity the grounds for the objection and its purpose. The objection must state whether it applies only to the objector, to a specific subset of the members of the association, or to all members.

CRITICALCivil cases

Applies to

Confidentiality stipulation

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

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

CRITICALCivil cases

Applies to

Appearance of counsel

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

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

CRITICALCivil cases

Applies to

Stipulation

A stipulation for final adjudication under Rule 144(g)(1) must be filed with the Register in Chancery and include language substantially reflecting the specified terms.

Any stipulation must be filed with the Register in Chancery and include language substantially in the following form: (A) the parties agree to submit this action to a Magistrate in Chancery for a final decision under 10 Del. C. § 350 and Court of Chancery Rule 144(g); (B) the parties waive the right to seek judicial review of the Magistrate in Chancery's decision at the trial court level; (C) the parties agree that the Magistrate in Chancery's final decision will constitute a decision of the Court of Chancery; and (D) the parties confirm their understanding that any appeal from the decision will be subject to the same procedural and substantive standards as are applicable to appeals from decisions of the Chancellor or a Vice Chancellor.

CRITICALCivil cases

Applies to

Petition for appointment guardian

The petition must provide the listed information about the petitioner and the adult; for any unknown information, it must identify it, state that diligent efforts were made to obtain it, and describe those efforts.

The petition must contain the following information. 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. (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

CRITICALCivil cases

Applies to

Amendment difference document

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

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

CRITICALCivil cases

Applies to

Pleading motion or other paper

Each paper must state the signer’s address, e-mail address, and telephone number.

The paper must state the signer’s address, e-mail address, and telephone number.

CRITICALCivil cases

Applies to

Petition

The petition must have the verified consent of all interested parties and, if the minor is at least 14 when the petition is filed, the minor’s verified consent annexed.

(3) The verified consent of all interested parties, along with the verified consent of the minor, if, at the time the petition is filed, the minor is 14 years of age or older.

CRITICALCivil cases

Applies to

Pleading

A party raising a capacity, authority, or legal-existence issue must specifically deny it and state supporting facts peculiarly within its knowledge.

(2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.

CRITICALCivil cases

Applies to

Deposition

The designated officer must promptly prepare and certify the deposition, then file or mail it with the notice and questions attached.

A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.

CRITICALCivil cases

Applies to

Appendix of exhibits

A consent-petition filer must submit an appendix of relevant exhibits, including the listed trust documents and consents or non-objections, subject to the stated qualifications.

(a) The party submitting the consent petition shall file contemporaneously an appendix of exhibits containing all documents relevant to the Court’s review of the petition, including but not limited to: (1) The current trust instrument; (2) The terms of any proposed modification of the trust’s governing instrument; (3) A blacklined version of the proposed modified trust instrument indicating plainly in what respect the proposed modified trust instrument differs from the current trust instrument; (4) A clean version showing how the proposed modified trust instrument will read if the consent petition is granted; (5) Any orders relating to the trust instrument; (6) A family tree or other document showing the relationship to the trustor of those having a beneficial interest in the trust; and (7) Consents or statements of non-objection to the relief sought in the petition from all whose interest in the trust is affected by the petition, which may include, but shall not be limited to, consents from: (i) Trustees and other fiduciaries, unless they have otherwise signified their consent or non-objection to the petition by acting as a petitioner or accepting a fiduciary position; (ii) Trust beneficiaries, who will generally be those with a present interest in the trust and those whose interest in the trust would vest, without regard to the exercise or non-exercise of a power of appointment, if the present interest in the trust terminated on the date the petition is filed; (iii) The trustor of the trust, if living; and (iv) All other persons having an interest in the trust according to the express terms of the trust instrument (such as, but not limited to, holders of powers and persons having other rights, held in a nonfiduciary capacity, relating to trust property).

CRITICALCivil cases

Applies to

Petition

The petition must provide the specified identifying, relationship, interested-party, document, and dispute information about the petitioner, Principal, Agent, and other potentially interested parties.

(1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Principal and Agent, or, if not related, the nature of the petitioner’s interest in the healthcare decision-making. (2) Principal. The name, age, marital status, domicile, and current residence of the Principal, as well as: (A) If the Principal resides in an institution, the name and address of the institution and the date and circumstances surrounding the Principal’s admission; (B) if the Principal’s expenses are being paid by another person, the name of the person and the source of the funds; (C) if the Principal served in the armed forces of the United States, the branch and dates of service; and (D) if the Principal has been represented by a Delaware attorney within the past two years, the name of the attorney. (3) Agent. The name and address of the Agent, the relationship of Agent to the Principal, and the source of the Agent’s authority. (4) Interested Parties. The names and addresses of any potentially interested parties, including: (A) the Principal’s spouse; (B) any person who would inherit if the Principal died intestate; (C) any beneficiary in a testamentary instrument; (D) any person acting for or named by the Principal 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 Principal’s care or finances; (F) any person who contests the petitioner’s position on contested decision-making; and (G) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons. (5) Agency Documents. The existence and location of any healthcare document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy. (6) Estate Documents. The existence and location of any estate planning document, including any will or trust. (7) Nature of Dispute. The nature of the dispute over healthcare decision-making that is at issue and the relief sought.

CRITICALCivil cases

The parties must provide the Court enough information to decide whether notice is required and what form it should take.

(B) Information About Notice. The parties must provide the Court with information sufficient to rule on whether to require notice and in what form.

CRITICALCivil cases

Applies to

Letter

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

Confidential filing

If a public version must be filed, the Confidential Filing must include the specified statement giving the public-version filing date.

(B) The following additional statement, if a public version must be filed: A public version of this document will be filed on or before [DATE].

CRITICALCivil cases

Applies to

Stipulation

Parties may stipulate that a Magistrate in Chancery’s decision is final, binding, and not appealable; any such stipulation must be filed with the Register and include substantially the specified language.

The parties in any action or dispute assigned to a Magistrate in Chancery may stipulate that the decision of the Magistrate in Chancery shall be final and binding and not subject to appeal. Any stipulation must be filed with the Register in Chancery and include language substantially in the following form: The parties agree under 10 Del. C. § 351 that the Report of the Magistrate in Chancery shall be final and binding and not subject to appeal.

CRITICALCivil cases

Applies to

Petition

If an attorney files the petition, an attorney’s affidavit explaining the guardian’s fiduciary duties is required unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian.

(3) if the petition is filed by an attorney and unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, an attorney’s affidavit confirming the attorney has explained to the proposed guardian the fiduciary duties and responsibilities of a guardian;

CRITICALCivil cases

Applies to

Objection

Unless a statute or rule requires otherwise, a formal objection is unnecessary; a party need only state the action sought or objected to and the grounds.

Except when a statute or rule otherwise requires, a formal objection to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the Court to take or objects to, along with the grounds for the request or objection.

CRITICALCivil cases

Applies to

Accounting

Automatic termination of a minor's property guardianship does not relieve the guardian of the duty to account to the Court.

The automatic termination of the guardianship of the property shall not relieve the guardian of the duty to account to the Court.

CRITICALCivil cases

Applies to

Complaint

When the land or an undivided share is subject to dower, curtesy, or another life interest, the partition complaint must request an appraisal and the specified distribution if the property is sold.

If lands described in a complaint for partition, or any undivided share therein, be subject to dower, curtesy or other life interest, the complaint shall include a prayer that, in the event the property is sold, the Court appraise the value of the dower, curtesy or other life interest and direct payment of such appraised valuation to the person entitled thereto and distribute the residue among other parties entitled.

CRITICALCivil cases

Applies to

Sale advertisement

The notice to lien claimants must be appended to each posted advertisement of sale.

Such notice shall also be appended to each posted advertisement of sale.

CRITICALCivil cases

Applies to

Pleading

A party denying that a condition precedent occurred or was performed must state the denial with particularity.

But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.

CRITICALCivil cases

Applies to

Appraisal

If the inventory’s valuation information is insufficient, the Court must appoint an appraiser to appraise the assets and file the appraisal with the Register in Chancery.

If the Court is not satisfied that the information contained in the inventory or supplemental inventory as to the value of assets listed therein is sufficient, the Court shall appoint an appraiser who shall make an appraisal of the fair market value of the assets listed in the inventory or supplemental inventory within sixty (60) days of the appraiser’s appointment and who shall file the same in the office of the Register in Chancery.

CRITICALCivil cases

Applies to

Confidential filing

A Confidential Filing must have a cover page containing only the specified caption, title, warning, filer contact information, and, when required, the public-version statement.

Every Confidential Filing must have a cover page that contains only the following information: (A) The caption of the action, the title of the Confidential Filing, and the following statement: YOU ARE IN POSSESSION OF A CONFIDENTIAL FILING FROM THE COURT OF CHANCERY OF THE STATE OF DELAWARE If you are not authorized to view this document under Rule 5.1 or by Court Order, read no further than this page and contact the following person: [Filer’s Name] [Filer’s Firm] [Filer’s Address] [Filer’s Telephone Number] (B) The following additional statement, if a public version must be filed: A public version of this document will be filed on or before [DATE].

CRITICALCivil cases

Applies to

Request for admission response

A party may rely on lack of information or knowledge only after stating that reasonable inquiry was made and that known or readily obtainable information remains insufficient.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

CRITICALCivil cases

Applies to

Responsive pleading

A party responding to a pleading must state in short and plain terms its defenses to each claim asserted against it.

state in short and plain terms its defenses to each claim asserted against it;

CRITICALCivil cases

Applies to

Petition

If the petitioner seeks an interim guardian, the petition must specifically allege imminent serious physical harm or substantial economic loss or expense that may occur before the appointment hearing.

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

Motion to extend confidential treatment

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

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

Report

The sequestrator’s report to the Court must address the sequestered property and include the date and time of seizure.

(4) If the defendant fails to appear and the plaintiff posts the required security, then the sequestrator must: (C) report to the Court within 20 days after the seizure—or different time if the Court directs—regarding the property sequestered, including the date and time of the property’s seizure.

CRITICALCivil cases

Applies to

Affidavit

(5) unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, affidavits detailing the proposed guardian’s history and personal information in the forms provided by the Court;

(5) unless the proposed guardian is a fee-for-service guardian or the Office of the Public Guardian, affidavits detailing the proposed guardian’s history and personal information in the forms provided by the Court;

CRITICALCivil cases

Applies to

Notice

A notice must refer to Rule 5.1 and include a proposed public version of each Confidential Filing that requires one.

The notice must refer to this rule and include a proposed public version of each Confidential Filing for which a public version is required.

CRITICALCivil cases

Applies to

Class action dismissal or settlement submission

Parties submitting a proposed class-action dismissal or settlement must file the specified affidavit and, depending on the proposal, a proposed dismissal order or definitive settlement agreement.

(2) Required Submissions. The parties submitting the proposed dismissal or settlement must file: (A) a further affidavit from each representative party that meets the requirements of Rule 23(aa)(2); (B) if a dismissal, a proposed form of order stating the terms on which the action will be dismissed; and (C) if a settlement, the definitive agreement governing the settlement.

CRITICALCivil cases

Applies to

Petition to modify trust by consent

Every petition to modify a trust by consent must address the nine listed matters with particularity.

(c) Every petition to modify a trust by consent shall address each of the following matters with particularity: (1) The nature and status of any filed, pending, or threatened action, suit, or proceeding, whether civil, criminal, administrative, arbitral, or regulatory, relating to the subject matter of the trust, or among any of the petitioners or trust beneficiaries; (2) Any prior determination or judgment on the merits in any action, suit, or proceeding involving any living person who is either a petitioner or a person who will serve as a fiduciary if the relief requested in the petition is granted, resulting in a criminal conviction, an adjudicated breach of the fiduciary duty of loyalty, or a determination reflecting on the honesty or integrity of such person; (3) The nature of the relief sought in the petition and the reasons why such relief is being sought; (4) The role(s) of the petitioner(s) in the existing trust (whether beneficiary, fiduciary, adviser, protector, etc.) and the proposed role(s) of the petitioner(s) in the trust if the relief sought in the petition is granted; (5) How the proposed relief will affect the interests of current, vested future, and contingent beneficiaries; (6) Any personal interest of any petitioner, or person who will serve as a fiduciary if the relief requested in the petition is granted, creating an actual or potential conflict between the interests of such person and the interests of the current, vested future, or contingent beneficiaries relating to the relief requested in the petition, including but not limited to conflicts relating to differing investment horizons, an interest in present income versus capital growth, or any limitation on, exculpation from, or indemnification for any existing or potential future liability; (7) Whether any petitioner or beneficiary has a familial, personal, or financial relationship with any person who, as a result of the relief requested in the petition, will be appointed to a fiduciary or nonfiduciary office or role relating to the trust or will receive greater authority, broader discretion, or increased protection, including but not limited to any limitation on, exculpation from, or indemnification for existing or potential future liability; (8) Whether the relief sought in the petition would lead to any limitation on, exculpation from, or indemnification for any existing or potential future liability on the part of any fiduciary; and (9) Whether any required consents are being given on behalf of any beneficiaries by representation under 12 Del. C. § 3547.

CRITICALCivil cases

Applies to

Responsive pleading

A party lacking sufficient knowledge to form a belief about an allegation must state that, and the statement acts as a denial.

A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.