Delaware Court of Chancery Filing Fees and Waivers

CRITICALCivil cases

Applies to

Paper for filing

A self-represented party delivering a paper to the Register in Chancery for filing must include 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

Commencing action

A party commencing an action must pay an initial nonrefundable deposit unless the matter falls within one of the listed exceptions.

To commence an action, a party must pay an initial nonrefundable deposit, except in matters: (i) concerning a trust; (ii) concerning a guardianship; (iii) for partition; (iv) for a decree of distribution; (v) to sell real property to pay debts; (vi) for instructions; (vii) for an adjudication of presumed death; (viii) for an order disposing of remains; (ix) for elective share; (x) to admit a will to probate; (xi) for a rule to show cause to compel return of assets; and (xii) for a distribution order to discharge estate debt.

CRITICALCivil cases

Applies to

Sequestration order action

A party seeking a sequestration order must pay an additional deposit.

In an action seeking a sequestration order, a party must pay an additional deposit.

CRITICALCivil cases

Applies to

Commencing action

The initial nonrefundable deposit is separate from any other fees or charges due to commence the case.

The initial nonrefundable deposit is in addition to any other fees or charges due to commence the case.

CRITICALCivil cases

The Register of Wills must make charges as provided by statute, and charges for matters not covered by statute are set by court order.

The Register of Wills shall make charges as provided by 12 Del. C. § 2510. Charges for matters not covered by statute shall be fixed by court order.

CRITICALCivil cases

Applies to

Filing

A technology surcharge must be paid for each filing.

a technology surcharge for each filing;

CRITICALCivil cases

Applies to

Mediation

At the conclusion of mediation in a guardianship matter, probate dispute, or dispute involving a deed covenant or restriction, the parties are assessed an additional court cost set by the court’s published fee schedule.

At the conclusion of the mediation in any guardianship matter, probate dispute or dispute involving a deed covenant or restriction, the parties shall be assessed an additional court cost in the amount listed on the court’s published fee schedule.

CRITICALCivil cases

Applies to

Pro hac vice admission

The pro hac vice admission assessment payment must be attached; it is $375 in 2015, $400 in 2016, and increases annually thereafter based on inflation as determined by the Delaware Supreme Court.

That a payment for the pro hac vice admission assessment determined by the Delaware Supreme Court is attached to be deposited in the Supreme Court registration fund for the purpose of the governance of the Bar of its Court and may be distributed pursuant to Supreme Court Rule 69. The pro hac vice admission assessment shall be $375 in calendar year 2015, $400 in calendar year 2016, and thereafter increased annually by the rate of inflation as determined by the Delaware Supreme Court;

CRITICALCivil cases

Applies to

Mediation

At the conclusion of mediation in a civil action or matter involving a trust, the parties are assessed an additional court cost set by the court’s published fee schedule.

At the conclusion of the mediation in any civil action or matter involving a trust, the parties shall be assessed an additional court cost in the amount listed on the court’s published fee schedule.

CRITICALCivil cases

Applies to

Initial civil filing

A supplemental court security fee must be paid for each initial civil filing and deposited in the Court Security Fund.

a supplemental court security fee for each initial civil filing, to be deposited in the Court Security Fund, pursuant to 10 Del. C. § 8505.

CRITICALCivil cases

Applies to

Commencing action

A party commencing an action must pay an initial nonrefundable deposit unless the matter falls within one of the listed exceptions.

To commence an action, a party must pay an initial nonrefundable deposit, except in matters: (i) concerning a trust; (ii) concerning a guardianship; (iii) for partition; (iv) for a decree of distribution; (v) to sell real property to pay debts; (vi) for instructions; (vii) for an adjudication of presumed death; (viii) for an order disposing of remains; (ix) for elective share; (x) to admit a will to probate; (xi) for a rule to show cause to compel return of assets; and (xii) for a distribution order to discharge estate debt.

CRITICALCivil cases

Applies to

Mediation petition

Commencing mediation requires submitting a petition and the filing fee specified by the Register in Chancery.

Mediation is commenced by submitting to the Register in Chancery a petition for mediation (hereinafter a “petition”) and the filing fee specified by the Register in Chancery.

CRITICALCivil cases

Applies to

Action seeking sequestration order

A party seeking a sequestration order must pay an additional deposit, part of which is set aside for any court-ordered sequestrator fee.

(3) Sequestration Deposit. In an action seeking a sequestration order, a party must pay an additional deposit. The Register in Chancery will set aside part of the additional deposit to pay the sequestrator any Court-ordered fee.

CRITICALCivil cases

Applies to

Initial civil filing

A party must pay a supplemental court security fee for each initial civil filing.

a supplemental court security fee for each initial civil filing, to be deposited in the Court Security Fund, pursuant to 10 Del. C. § 8505.

CRITICALCivil cases

A party proceeding in forma pauperis must pay any recovery to the Register, who deducts fees or costs due and disburses the balance.

Any recovery—by judgment, settlement, or otherwise—obtained by a party proceeding in forma pauperis must be paid to the Register. The Register will deduct fees or costs otherwise due and disburse the balance.

CRITICALCivil cases

Applies to

Filing

A party must pay a technology surcharge for each filing.

a technology surcharge for each filing;

CRITICALCivil cases

Applies to

Consent petition

The initial consent-petition filing fee includes one proposed order, and each additional proposed order incurs a fee equal to the fee for filing one proposed order.

The initial filing fee for a consent petition will include the cost of filing one proposed order. If more than one proposed order is submitted with a consent petition, an additional fee equal to the fee charged for filing one proposed order shall be charged for each additional proposed order submitted.

WARNINGCivil cases

The Register in Chancery assesses fees and charges against the filing or authorizing party, subject to specified exceptions.

clarifies that the Register in Chancery will assess fees and charges against the filing or authorizing party, except in certain specified instances;

WARNINGCivil cases

The Court must waive the portion of judicial-mediation court costs allocated to the State or a State agency participating in mediation.

If the State or an agency of the State is a participant in mediation with a judicial mediator, the portion of the court costs allocated to the State shall be waived by the Court.

WARNINGCivil cases

Applies to

Technology dispute

Filing fees and costs for technology disputes are established by a Court Standing Order maintained by the Register in Chancery.

The filing fees and costs for a technology dispute shall be established by a Standing Order of the Court which shall be maintained by the Register in Chancery.

WARNINGCivil cases

At the conclusion of mediation in a civil action or matter involving a trust, the parties must pay the additional court cost set by the published fee schedule.

At the conclusion of the mediation in any civil action or matter involving a trust, the parties shall be assessed an additional court cost in the amount listed on the court’s published fee schedule.

WARNINGCivil cases

Applies to

Recording document

Recording any filed document is subject to a single per-page fee.

replaces them with a single per page fee for “Recording any document filed”;

WARNINGCivil cases

The Register in Chancery assesses deposits, fees, and charges listed in its published schedule.

The Register in Chancery will assess the deposits, fees, and charges identified in a schedule published by the Register in Chancery.

WARNINGCivil cases

Applies to

Mediation

The Court must waive the State’s allocated share of court costs when the State or a State agency participates in mediation with a judicial mediator.

If the State or an agency of the State is a participant in mediation with a judicial mediator, the portion of the court costs allocated to the State shall be waived by the Court.

WARNINGCivil cases

Applies to

Accounts and notices

The Register in Chancery charges costs for filing, recording, and indexing accounts and mailing notices to interested parties in trustee, guardianship, and receivership matters.

clarifies the costs associated with filing, recording and indexing of accounts and mailing notices to interested parties that the Register in Chancery charges in trustee, guardianship, and receivership matters;

WARNINGCivil cases

For good cause in a particular case, the Register in Chancery may increase or decrease a deposit, fee, or charge.

The Register in Chancery may increase or decrease any deposit, fee, or charge for good cause in a particular case.

WARNINGCivil cases

At the conclusion of mediation in a guardianship matter, probate dispute, or dispute involving a deed covenant or restriction, the parties must pay the additional court cost set by the published fee schedule.

At the conclusion of the mediation in any guardianship matter, probate dispute or dispute involving a deed covenant or restriction, the parties shall be assessed an additional court cost in the amount listed on the court’s published fee schedule.

WARNINGCivil cases

Applies to

All actions

Fees and charges for “All Actions” are default costs unless otherwise specified for civil actions or matters concerning guardianships, trusts, or receiverships.

clarifies that the fees and charges for “All Actions” are default costs unless otherwise specified for civil actions or matters concerning guardianships, trusts or receiverships;

WARNINGCivil cases

Applies to

In forma pauperis application

A party unable to afford Court fees or costs may apply to proceed in forma pauperis.

(a) Application. Any party who cannot afford to pay Court fees or costs may apply to proceed in forma pauperis.

WARNINGCivil cases

The parties to mediation must compensate the Court according to the Register in Chancery’s fee schedule.

The Court will be compensated by the parties to the mediation in accordance with the schedule of fees maintained by the Register in Chancery.

WARNINGCivil cases

Applies to

Mediation

A judicial mediator may waive, modify, or allocate mediation court costs based on the parties’ economic circumstances or good cause.

(6) Waive, modify, or allocate the court costs in a mediation conducted by a judicial mediator in light of the parties’ economic circumstances or for good cause shown; and

WARNINGCivil cases

A non-Delaware resident may be required to post security for costs.

A non-Delaware resident may be required to post security for costs.

WARNINGCivil cases

Applies to

Mediation

A judicial mediator may impose mediation costs on a party believed to have failed to mediate in good faith, but may not impose another sanction or penalty.

(7) A judicial mediator may impose the costs of the mediation on a party who the mediator believes has failed to mediate in good faith. A mediator shall not have authority to impose any other sanction or penalty.

WARNINGCivil cases

Applies to

Commencing action

The initial nonrefundable deposit does not replace other fees or charges due to commence the case.

The initial nonrefundable deposit is in addition to any other fees or charges due to commence the case.

WARNINGCivil cases

If the initial deposit is exhausted, a party may be required to pay an additional deposit before performing further action.

If the initial nonrefundable deposit is exhausted, a party may be required to pay an additional deposit before performing

WARNINGCivil cases

The Register in Chancery assesses the deposits, fees, and charges listed in its published schedule.

The Register in Chancery will assess the deposits, fees, and charges identified in a schedule published by the Register in Chancery.

WARNINGCivil cases

Applies to

Mediation

The parties determine the rate and manner of compensation for a non-judicial mediator by agreement.

A non-judicial mediator shall be compensated at the rate and in the manner agreed upon by the parties.

WARNINGCivil cases

Applies to

Deposit

An initial nonrefundable deposit is not required in certain matters, and additional or sequestration deposits are refundable.

The revision clarifies that (i) the initial nonrefundable deposit is not required in certain matters and (ii) any additional or sequestration deposit is refundable.

WARNINGCivil cases

Applies to

Mediation

Mediation fees under Rules 93–95 and 174 apply to full and partial days and include preparation and follow-up time.

clarifies that fees for mediation, pursuant to Rules 93–95 and 174, apply to full and partial days and include time spent preparing for mediation and follow-up with the parties;

WARNINGCivil cases

Applies to

Paper for filing

A self-represented party delivering a paper to the Register in Chancery for filing must include the required filing fee.

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

WARNINGCivil cases

Applies to

Amended counterclaim cross claim and third party claim

The fee for amended counterclaims, cross-claims, and third-party claims is increased to match the fee for filing an amended complaint.

increases the fee for amended counterclaims, cross-claims, and third-party claims to align with the fee for filing an amended complaint;

WARNINGCivil cases

If the Court grants an in forma pauperis application, it may waive all or part of the fees or costs or approve a payment schedule.

(b) Determination. If the Court grants the application, the Court may waive all or part of the fees or costs, or approve a payment schedule.

WARNINGCivil cases

The Register in Chancery may set deposits, fees, or charges for services not listed in the published schedule.

The Register in Chancery may determine any deposits, fees, or charges for services not specified in the Schedule of Deposits, Fees, and Charges.

WARNINGCivil cases

If an in forma pauperis application is granted, the Court may waive some or all fees or costs or approve a payment schedule.

If the Court grants the application, the Court may waive all or part of the fees or costs, or approve a payment schedule.

WARNINGCivil cases

Non-payment may result in rejection of a filing or dismissal of an action.

A filing may be rejected or an action dismissed for non-payment.

WARNINGCivil cases

Applies to

Security for costs

A non-Delaware resident may be required to post security for costs.

A non-Delaware resident may be required to post security for costs.

WARNINGCivil cases

Applies to

Additional services

After the initial deposit is exhausted, a party may be required to pay an additional deposit before additional services are performed.

If the initial nonrefundable deposit is exhausted, a party may be required to pay an additional deposit before performing any additional services.

WARNINGCivil cases

Applies to

Mediation

The cost of mediation under Rule 174 is increased for civil actions or trust matters.

increases the cost of mediation pursuant to Rule 174 for civil actions or trust matters.

INFOCivil cases

Applies to

Additional or sequestration deposit

The Register in Chancery refunds any remaining additional or sequestration deposit balance at the end of the case.

(4) The Register in Chancery will refund any balance from an additional or sequestration deposit remaining at the end of the case.

INFOCivil cases

The Attorney General or Department of Justice, Insurance Commissioner, Human Relations Commission, Office of the Public Guardian, and parties found unable to pay are exempt from fees and charges.

The following parties are exempt from paying fees and charges: (1) the Attorney General or the Department of Justice; (2) the Insurance Commissioner; (3) the Human Relations Commission; (4) the Office of the Public Guardian; or (5) any party the Court determines to be unable to pay the fees and charges.