Delaware Court of Chancery Electronic Filing Rules

CRITICALCivil cases

Self-represented parties may file on their own behalf and must ensure their filings comply with the rules.

Parties who are self- represented do not have Delaware counsel. They can make filings on their own behalf and must ensure for themselves their filings comply with the rules.

CRITICALCivil cases

Applies to

Paper for filing

A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.

A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.

CRITICALCivil cases

Applies to

Cd rom brief

The CD-ROM version of the brief must not be electronically filed.

The CD-ROM version of the brief shall not be electronically filed.

CRITICALCivil cases

A person may not allow anyone else to use their filing-system credentials to make filings.

Rule 5(i)(1) makes clear that no one may allow any other person to use their credentials to make filings.

CRITICALCivil cases

Applies to

Deposition transcript

Depositions need not be filed unless used in the proceeding or the Court orders filing, in which case the transcript or relevant portion must be filed.

Depositions need not be filed with the Court. But if used in the proceeding—or if the Court orders—then the deposition transcript, or a relevant portion, must be filed with the Court.

CRITICALCivil cases

A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or, if the party is unrepresented, by that party.

A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or by a party, if unrepresented.

CRITICALCivil cases

A person issued credentials for the Court’s electronic filing system must not allow another person to use them to file papers.

(1) No one who has been issued credentials on the Court’s electronic filing system may allow another person to use those credentials for filing papers.

CRITICALCivil cases

Applies to

Discovery request or response

A discovery request or response, or relevant portion, must be filed if used in the proceeding or if the Court orders filing.

If a discovery request or response is used in the proceeding—or if the Court orders—then the request or response, or a relevant portion, must be filed with the Court.

CRITICALCivil cases

Applies to

Fiduciary bond

A bond must be submitted to the Register in Chancery or filed electronically.

Each bond filed in the Court of Chancery after December 1, 1969, shall be in the form and manner prescribed by the Court and submitted to the Register in Chancery or filed electronically.

CRITICALCivil cases

Applies to

Discovery requests and responses

The listed discovery requests and any responses to them must not be filed with the Court.

The following discovery requests and any responses to them must not be filed with the Court: interrogatories; requests for documents, electronically stored information, or tangible things, or to permit entry onto land; physical or mental examinations of persons; and requests for admission.

CRITICALCivil cases

Applies to

Paper required to be filed with the court

Papers after the original complaint that must be served must also be filed, except for discovery requests and responses or as directed by the Court; papers required to be filed must be filed electronically unless the Court directs otherwise, and must comply with the Chancellor’s electronic-filing procedures.

Except for discovery requests and responses or as directed by the Court, any paper after the original complaint that is required to be served must be filed with the Court. Method of Filing. (A) Any paper required to be filed with the Court must be filed electronically, unless the Court otherwise directs. All filings must comply with any administrative procedures for electronic filing that the Chancellor establishes.

CRITICALCivil cases

A person issued credentials for the Court’s electronic filing system must not allow anyone else to use them to file papers.

No one who has been issued credentials on the Court’s electronic filing system may allow another person to use those credentials for filing papers.

CRITICALCivil cases

A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or, if the party is unrepresented, by that party.

(2) A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or by a party, if unrepresented.

CRITICALCivil cases

Applies to

Paper required to be filed

Papers required to be filed must be filed electronically and comply with the Chancellor’s electronic-filing procedures, unless the Court directs otherwise.

Any paper required to be filed with the Court must be filed electronically, unless the Court otherwise directs. All filings must comply with any administrative procedures for electronic filing that the Chancellor establishes.

CRITICALCivil cases

A Delaware lawyer must make or authorize every filing, thereby ensuring that the filing complies with the Court’s rules.

A Delaware lawyer must make or authorize every filing, thereby ensuring that the filing complies with the Court’s rules.

WARNINGCivil cases

Applies to

Discovery requests and responses

The listed discovery requests and responses must not be filed with the Court.

The following discovery requests and any responses to them must not be filed with the Court: interrogatories; requests for documents, electronically stored information, or tangible things, or to permit entry onto land; physical or mental examinations of persons; and requests for admission.

WARNINGCivil cases

Applies to

Paper for filing

A self-represented party may deliver a paper and the required filing fee to the Register in Chancery for filing.

A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee.

INFOCivil casesCourt notice

Applies to

Reports

The Director of the Guardianship Monitoring Program may independently file reports through the court’s File&ServeXpress system.

The amendments revise Rule 180-D to state that the Director of the Guardianship Monitoring Program may independently file reports through the court’s File&ServeXpress system.