Delaware Court of Chancery Filing Timing and Cure Windows

CRITICALCivil cases

For timeliness purposes, a paper delivered to the Register in Chancery for filing is deemed filed when delivered.

For determining timeliness, the paper is deemed filed when delivered to the Register in Chancery for filing.

CRITICALCivil cases

Unless the court orders otherwise, the petition will be held for at least 13 days for responses, after which the court may act without further proceedings if none is received.

Unless otherwise ordered by the court, the court will hold the petition for a period of at least 13 days to allow interested parties to respond. If no responsive pleading is received within that time, the court may act on the petition without further proceedings.

CRITICALCivil cases

Any other paper in any other action must be served or filed by 5:00 p.m. to count on that date.

any other paper in any other action must be served or filed by 5:00 p.m.

CRITICALCivil cases

A party defending against a claim may move for summary judgment at any time.

A party against whom a claim is asserted may move for a summary judgment at any time.

CRITICALCivil cases

A paper in a summary proceeding or a Court-ordered expedited action must be served or filed by midnight to be served or filed on that date.

(2) any paper in a summary proceeding or an action that the Court has ordered expedited must be served or filed by midnight;

CRITICALCivil cases

For a Confidential Filing containing an original complaint, the filer should give notice contemporaneously and must give it by 3:00 p.m. the next day.

When the Confidential Filing contains an original complaint, the filer should give notice contemporaneously with the Confidential Filing and must give notice not later than 3:00 p.m. on the next day.

CRITICALCivil cases

Any recipient must designate any additional information for redaction by 3:00 p.m. on the fifth day after the filing.

Any recipient must designate any additional information for redaction by 3:00 p.m. on the fifth day after the filing.

CRITICALCivil cases

For other Confidential Filings, the filer should give notice contemporaneously and must give it by 3:00 p.m. two days after filing.

Otherwise, the filer should give notice contemporaneously with the Confidential Filing and must give notice not later than 3:00 p.m. two days after the filing.

CRITICALCivil cases

The filing party must propose redactions by 3:00 p.m. on the day after filing.

Rule 5.1(e)(7) revises the deadline for the filing party to propose redactions to 3:00 p.m. on the day after filing.

CRITICALCivil cases

A recipient must designate additional information for redaction by 3:00 p.m. on the third day after the filing of a Confidential Filing containing an original complaint.

Any recipient must designate any additional information for redaction by 3:00 p.m. on the third day after the filing.

CRITICALCivil cases

An opposition to a motion for reargument or clarification must be filed within five days after the motion is filed.

Any party opposing a motion for reargument or clarification must file its opposition within five days after the filing of the motion.

CRITICALCivil cases

The petition must be held for at least 13 days to allow interested parties to respond.

the petition shall be held for a period of at least 13 days to allow interested parties to respond.

CRITICALCivil cases

A paper in a summary proceeding or a Court-ordered expedited action must be served or filed by midnight to count on that date.

any paper in a summary proceeding or an action that the Court has ordered expedited must be served or filed by midnight;

CRITICALCivil cases

A claimant may move for summary judgment after 20 days from commencement of the action or after service of an adverse party’s summary-judgment motion.

A party seeking to recover upon a claim may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.

CRITICALCivil cases

A petition for Letters Testamentary or Letters of Administration with Will Annexed cannot be filed until the will has been proved.

No petition for Letters Testamentary or Letters of Administration with Will Annexed shall be filed with the Register of Wills until the will has been proved.

CRITICALCivil cases

An original complaint or notice of appeal must be filed by midnight to be filed on that date.

an original complaint or a notice of appeal must be filed by midnight;

CRITICALCivil cases

Any other paper in any other action must be served or filed by 5:00 p.m. to be served or filed on that date.

(3) any other paper in any other action must be served or filed by 5:00 p.m.

CRITICALCivil cases

The Register in Chancery must note the mailing date on the docket no later than three days after mailing is completed.

Not later than three days after the mailing is completed, the Register in Chancery will note on the docket when the mailing took place.

CRITICALCivil cases

A paper delivered by a self-represented party to the Register in Chancery is deemed filed when delivered for filing.

For determining timeliness, the paper is deemed filed when delivered to the Register in Chancery for filing.

CRITICALCivil cases

An original complaint or notice of appeal must be filed by midnight to be filed on its filing date.

(1) an original complaint or a notice of appeal must be filed by midnight;

CRITICALCivil cases

Objections and responses must be filed in writing within 13 days of the petition, unless the court sets an expedited response deadline.

Any objection or response must be filed in writing with the court within 13 days of the date of the petition unless the court orders an expedited response deadline.

CRITICALCivil cases

The appendix of exhibits must be filed at the same time as the consent petition.

(a) The party submitting the consent petition shall file contemporaneously an appendix of exhibits

WARNINGCivil cases

If the Court receives no responsive pleading within 20 days, it may act on the petition without further proceedings.

If no responsive pleading is received by the Court within 20 days, the Court may act on the petition without further proceedings.

WARNINGCivil cases

If a Reviewing Judge orders procedural review, briefing on exceptions is stayed until the Magistrate in Chancery issues a procedural-review Report.

If a Reviewing Judge orders a procedural review, then briefing on exceptions to the Report shall be stayed until the Magistrate in Chancery issues a Report on procedural review.

WARNINGCivil cases

Upon satisfactory proof, the Court may deem a paper served or filed on the date of the first unsuccessful electronic attempt if one of the stated technical or rejection problems caused the failure.

The Court may deem, upon satisfactory proof, that a paper was served or filed on the date of the first attempt at electronic service or filing if the first attempt was unsuccessful due to: (1) an error in the transmission of the paper to the electronic filing system that the filer did not know about or could not resolve; (2) a failure by the electronic filing system to process the paper; (3) rejection by the Register in Chancery; or (4) other technical problems.

WARNINGCivil cases

A Rule 12(b)(6) defense may be raised by motion before an allowed responsive pleading or preserved by including it in a pleading allowed or ordered under Rule 7(a).

A party may assert a defense under Rule 12(b)(6) by filing a motion before a responsive pleading, if a responsive pleading is allowed. A party may preserve the defense by including it in any pleading allowed or ordered under Rule 7(a).

WARNINGCivil cases

For good cause, the court may expedite a petition and may waive the notice requirements.

For good cause, the court may expedite consideration of any petition filed under this rule, including by waiving the notice requirements of paragraph (a)(3).

WARNINGCivil cases

For good cause, the court may expedite consideration of a petition and may waive the notice requirements.

(5) Expedited Cases. For good cause, the court may expedite consideration of any petition filed under this rule, including by waiving the notice requirements of paragraph (a)(3).

WARNINGCivil cases

Upon satisfactory proof, the Court may deem a paper filed as of the first unsuccessful electronic filing attempt for specified technical reasons.

(e) Unsuccessful Electronic Service or Filing. The Court may deem, upon satisfactory proof, that a paper was served or filed on the date of the first attempt at electronic service or filing if the first attempt was unsuccessful due to: (1) an error in the transmission of the paper to the electronic filing system that the filer did not know about or could not resolve; (2) a failure by the electronic filing system to process the paper; (3) rejection by the Register in Chancery; or (4) other technical problems.

WARNINGCivil cases

A party may assert a Rule 12(b)(2)–(5) defense by motion before a responsive pleading if one is allowed.

(A) A party may assert a defense listed in Rule 12(b)(2)–(5) by motion filed before a responsive pleading, if a responsive pleading is allowed.

INFOCivil cases

The Court and Register are always open for filing papers.

The Court and Register are considered always open for filing any paper, issuing and returning process, or issuing an order.

INFOCivil cases

The Court and Register are considered open at all times for filing papers and issuing or returning process or orders.

The Court and Register are considered always open for filing any paper, issuing and returning process, or issuing an order.

INFOCivil cases

An opposing party may assert a Rule 12(b)(2)–(6) defense against new matter in a pleading even if the defense was not asserted or preserved earlier.

If a pleading raises new matter that is subject to a defense listed in Rule 12(b)(2)–(6), then an opposing party may assert that defense—even if not asserted or preserved initially—as to the new matter.

INFOCivil cases

The plaintiff may present a summons to the Register in Chancery for signature and seal on or after filing the complaint.

On or after filing the complaint, the plaintiff may present a summons to the Register in Chancery for signature and seal.

INFOCivil cases

A Rule 12(b)(7) defense may be asserted by motion before an allowed responsive pleading, by a Rule 12(c) motion, or at trial.

A party may assert a defense under Rule 12(b)(7) by motion filed before a responsive pleading, if a responsive pleading is allowed, by motion under Rule 12(c), or at trial.

INFOCivil cases

A party may move at any time, including after judgment, to amend pleadings to conform to the evidence and raise an unpled issue.

A party may move—at any time, even after judgment—to amend the pleadings to conform to the evidence and to raise an unpled issue.

INFOCivil cases

(B) A party that does not file a motion contemplated by Rule 12(h)(2)(A) may preserve a defense listed in Rule 12(b)(2)–(5) by including it in a responsive pleading or in an amendment to the responsive pleading allowed by Rule 15(a)(1) as a matter of course.

(B) A party that does not file a motion contemplated by Rule 12(h)(2)(A) may preserve a defense listed in Rule 12(b)(2)–(5) by including it in a responsive pleading or in an amendment to the responsive pleading allowed by Rule 15(a)(1) as a matter of course.

INFOCivil cases

A Rule 12(b)(1) defense may be raised by motion at any time, and the Court may raise it on its own initiative.

A party may assert a defense under Rule 12(b)(1) motion filed at any time, or the Court may raise the defense on its own initiative.

INFOCivil cases

When a claim does not require a responsive pleading, an opposing party may assert any defense to it at trial.

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim.

CRITICALCivil cases

For a Report or Draft Report addressing an uncontested petition or with expedited exceptions, a party must file a notice of exceptions within three days and proceed under Rule 144(d)(2).

a party taking exceptions to a Report or Draft Report addressing an uncontested petition, or for which the Magistrate in Chancery has expedited exceptions, must file a notice of exceptions within three days of the Report or Draft Report and proceed under Rule 144(d)(2).

CRITICALCivil cases

A claimant may move for summary judgment after 20 days from commencement of the action or after service of an adverse party’s summary judgment motion.

A party seeking to recover upon a claim may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.

CRITICALCivil cases

A party who believes confidentiality should continue must file a response within eleven days.

Any party to the action who believes that continued confidential treatment is required shall file a response to the motion within eleven days.

CRITICALCivil cases

In summary and expedited actions and disputes, a party taking exceptions must file a notice within three days of the Final Report or Draft Report.

A party taking exceptions must file a notice of exceptions within three days of the date of the Final Report or Draft Report.

CRITICALCivil cases

The account is open for inspection and exception for 30 days from the date it is filed.

the same will be open for inspection and exception for 30 days from the date of filing

CRITICALCivil cases

A guardian of the property must file a first accounting no later than nine months after appointment, covering the first six months of administration beginning on the appointment date.

Each guardian of the property shall file a first accounting no later than nine months after the date of the guardian’s appointment, and the covered period for the first accounting shall be the first six (6) months of the guardian’s administration of the property of the person with a disability, with such covered period beginning on the date the guardian is appointed.

CRITICALCivil cases

A trustee must file the first trust accounting within ninety days after the first anniversary of funding, covering the trust’s first twelve months of administration.

A trustee shall file the first trust accounting within ninety days after the one (1) year anniversary from the funding of the trust, and the covered period shall be the first twelve (12) months of the administration of the trust.

CRITICALCivil cases

If no party timely files exceptions, the Chancellor will adopt the Final Report and all prior Reports as court orders.

If no party timely files exceptions, the Chancellor will adopt the Final Report and all prior Reports as orders of the court.

CRITICALCivil cases

The party taking exceptions may file a reply brief within 15 days after the answering brief is filed.

The party taking exceptions may file a reply brief within 15 days after the filing of the answering brief.

CRITICALCivil cases

A notice recipient must designate additional information for redaction within 10 days after the challenge notice is filed.

(B) any recipient of notice must designate any additional information for redaction within 10 days of the filing of the challenge notice.

CRITICALCivil cases

A party seeking to amend a complaint in response to a specified motion to dismiss must amend or seek leave before its response is due, or, after a transfer, within 30 days after the transfer.

(A) If a party wishes to amend the party’s complaint in response to a motion to dismiss under Rules 12(b)(6) or 23.1, the party must amend the party’s complaint—or seek leave to amend—either: (i) before the party’s response to the motion is due; or (ii) if the case has been transferred from another court, within 30 days after the transfer, even if the party responded to the motion in the other court.