Delaware Court of Chancery Filing Timing and Cure Windows

CRITICALCivil cases

A party taking exceptions in an action that is not summary or expedited must file a notice within 11 days of the Final Report or Draft Report.

A party taking exceptions must file a notice of exceptions within 11 days of the date of the Final Report or Draft Report.

CRITICALCivil cases

The derivative-plaintiff affidavit is due within 10 days after filing a complaint, a motion to intervene, or a motion seeking appointment as a derivative plaintiff.

A person seeking to serve as a derivative plaintiff must file an affidavit within 10 days after filing any of the following: (A) a complaint; (B) a motion to intervene; or (C) a motion seeking appointment as a derivative plaintiff.

CRITICALCivil cases

The party taking exceptions must file its opening brief within 20 days after filing the notice of exceptions.

The party taking exceptions must file an opening brief in support of the exceptions within 20 days after filing the notice of exceptions.

CRITICALCivil cases

Applies to

Response to amended pleading

Unless the Court orders otherwise, a required response to an amended pleading is due by the later of the time remaining to respond to the original pleading or 10 days after service of the amended pleading.

Unless the Court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 10 days after service of the amended pleading, whichever is later.

CRITICALCivil cases

Parties that do not timely file opening briefs supporting their exceptions are deemed to have withdrawn the exceptions.

Rule 144(d)(3) clarifies that parties that fail to file timely opening briefs in support of filed exceptions are deemed to have withdrawn the exceptions.

CRITICALCivil cases

If the Register in Chancery is inaccessible on the last day of a filing period, the period extends to the first accessible day that is not a Saturday, Sunday, or legal holiday.

is inaccessible on the last day of a period, then the period for any filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

Applies to

Notice of exceptions

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

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

Applies to

Reply brief

In actions that are not summary or expedited, 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

Applies to

Complaint amendment or motion for leave to amend

Missing the Rule 15(a)(5)(A) deadline results in dismissal with prejudice as to the named party, unless the Court finds good cause to dismiss without prejudice.

If a party neither amends nor moves to amend by the time set forth in Rule 15(a)(5)(A), a dismissal under Rule 12(b)(6) or 23.1 will be with prejudice— but only as to the named party—unless the Court for good cause shown dismisses the complaint without prejudice.

CRITICALCivil cases

Applies to

Answering brief

In actions that are not summary or expedited, an answering brief opposing exceptions may be filed within 20 days after the opening brief is filed.

Any party opposing exceptions may file an answering brief within 20 days after the filing of the opening brief.

CRITICALCivil cases

A temporary restraining order expires at the Court-set time after entry, which may not be more than 10 days after entry.

The order expires at the time after entry—not to exceed 10 days—that the Court sets,

CRITICALCivil cases

Deadline

3 calendar days

Add three calendar days to a period measured after service when service is exclusively by mail; the extension applies to parties’ acts, not acts of the Court.

The time period calculated under Rule 6(a) is extended by three calendar days when: (A) an act may or must be done within a specified time after service; and (B) service is made exclusively by mail. The additional three-day period applies only to acts by parties and not to acts of the Court.

CRITICALCivil cases

Unless the Court orders otherwise, a challenge notice cannot be filed until ten days after the Confidential Filing.

Unless the Court orders otherwise, a challenge notice cannot be filed until ten days after the filing of the Confidential Filing.

CRITICALCivil cases

A party seeking a more definite statement must move before filing a responsive pleading.

The party must move before filing a responsive pleading

CRITICALCivil cases

A receiver must file the supplemental inventory forthwith after acquiring additional company property not described in the filed inventory.

If, after filing the inventory above mentioned, a receiver shall acquire additional property of the company, not described in the inventory, the receiver shall forthwith file a supplemental inventory describing such property, and apply to the Court for the appointment of appraisers to appraise the same.

CRITICALCivil cases

A person seeking to maintain confidential treatment must move within five days after the challenge notice is filed.

Any person seeking to maintain confidential treatment must move within five days after the filing of the challenge notice.

CRITICALCivil cases

The opposing party must respond to a permitted supplemental pleading within 10 days after service.

If the Court permits the supplemental pleading, the opposing party must respond within 10 days after service of the pleading.

CRITICALCivil cases

If a restraining order issued without notice, the preliminary-injunction motion must be set for hearing at the earliest possible time.

If the restraining order was issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time.

CRITICALCivil cases

When calculating a period of less than 11 days, exclude intermediate Saturdays, Sundays, and legal holidays.

Revised Rule 6 retains the existing Court of Chancery method of excluding intermediate Saturdays, Sundays, and legal holidays when calculating a period of less than 11 days.

CRITICALCivil cases

The receiver must file the report forthwith after performing the creditor-notice duty.

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

The guardian must notify the Court of the person’s death within 10 days of the death.

(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

A temporary restraining order issued without notice must be filed promptly.

and be filed promptly.

CRITICALCivil cases

A motion to strike must be made before responding or, if no response is allowed, within 20 days after service of the pleading.

The party must move either before responding to the pleading or, if a response is not allowed, within 20 days after being served with the pleading.

CRITICALCivil cases

Objections and responses are due within 13 days of the petition, unless the court orders an expedited response deadline.

(4) Objections. 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

After an oral ruling, a party may move for an extension to receive the transcript within five days of the ruling.

After an oral ruling, any party may move within five days of the ruling for an extension to permit receipt of the transcript;

CRITICALCivil cases

An opposition to confidential treatment must be filed within five days after the motion; otherwise, the challenge is deemed withdrawn.

Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion. If a timely opposition is not filed, the challenge is deemed withdrawn.

CRITICALCivil cases

A motion seeking an award must be filed no later than 20 days after the Court resolves the merits.

The motion must be filed not later than 20 days after the Court resolves the merits.

CRITICALCivil cases

Any person may move to extend confidential treatment within 45 days after the expiration notice is filed.

Any person may move to extend confidential treatment within 45 days after the filing of the expiration notice.

CRITICALCivil cases

Applies to

Proposed briefing schedule

The parties must submit a proposed briefing schedule on exceptions to the Reviewing Judge within five days after the notice of exceptions is filed.

The parties must submit a proposed briefing schedule on exceptions to the Reviewing Judge within five days after the notice of exceptions is filed.

CRITICALCivil cases

A party seeking reargument or clarification must move within five days after the ruling.

A party seeking reargument or clarification must move within five days after the ruling.

CRITICALCivil cases

For a Confidential Filing containing an original complaint, the filer should give notice contemporaneously but must do so by 3:00 p.m. the next day; recipients must designate additional information for redaction by 3:00 p.m. on the third day after filing.

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

CRITICALCivil cases

Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion.

Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion.

CRITICALCivil cases

Creditors must file claims within 60 days after notices are mailed unless the Court allows more time for good cause.

Within 60 days after notices are mailed to creditors, or such further time as the Court for good cause shown may allow, all claims of creditors shall be filed in the office of the Register in Chancery;

CRITICALCivil cases

An alternative derivative plaintiff may move to intervene within 60 days.

But an alternative derivative plaintiff may move to intervene within 60 days and continue the action.

CRITICALCivil cases

If the Court denies the application, then the Register must give written notice to the applicant identifying the fees and costs due and a specific deadline for payment—at least 15 days from the

If the Court denies the application, then the Register must give written notice to the applicant identifying the fees and costs due and a specific deadline for payment—at least 15 days from the

CRITICALCivil cases

A party opposing exceptions may file an answering brief within 20 days after the opening brief is filed.

Any party opposing exceptions may file an answering brief within 20 days after the filing of the opening brief.

CRITICALCivil cases

In a civil miscellaneous docket action, a party may take exceptions after a Report issues, subject to the schedule in Rule 144(d)(4).

In an action on the civil miscellaneous docket, a party may take exceptions to any Report following the issuance of such Report. The schedule for such exceptions is governed by Rule 144(d)(4).

CRITICALCivil cases

A motion to alter or amend a judgment must be made no later than 10 days after judgment is entered.

A party may move to alter or amend judgment not later than 10 days after the entry of judgment.

CRITICALCivil cases

Counsel must submit the pretrial order at least 3 days before the pretrial conference.

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.

CRITICALCivil cases

A sanctions motion must not be filed or presented if the challenged matter is withdrawn or appropriately corrected within 21 days after service, or within another period set by the Court.

The motion must be served under Rule 5, but it must not be filed or be presented to the Court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the Court sets.

CRITICALCivil cases

A motion under Rule 60(b) must be made within a reasonable time.

A motion under Rule 60(b) must be made within a reasonable time.

CRITICALCivil cases

The guardian’s attorney, or the unrepresented guardian, must file proof that the guardianship account was opened and properly titled within 30 days after entry of the final order.

The guardian’s attorney, or the guardian if she is not represented by counsel, shall file proof of compliance within 30 days of entry of the final order, demonstrating that the guardianship account was opened and properly titled.

CRITICALCivil cases

The receiver must file the depository statement immediately after the first deposit.

Immediately upon making the first deposit therein, the receiver shall file in the office of the Register a written statement of the depository showing compliance with this provision.

CRITICALCivil cases

A party may take exceptions to any Report only after entry of the Final Report.

A party may take exceptions to any Report only after entry of the Final Report.

CRITICALCivil cases

Applies to

Notice of exceptions

In actions that are not summary or expedited, a party taking exceptions must file a notice of exceptions within 11 days of the Final Report or Draft Report date.

A party taking exceptions must file a notice of exceptions within 11 days of the date of the Final Report or Draft Report.

CRITICALCivil cases

In a civil action other than one on the civil miscellaneous docket, exceptions may be taken only after entry of the Final Report.

A party may take exceptions to any Report only after entry of the Final Report.

CRITICALCivil cases

Deadline

3 calendar days

A party’s deadline to act within a specified time after service is extended by three calendar days when service is exclusively by mail; this extra time does not apply to acts of the Court.

The time period calculated under Rule 6(a) is extended by three calendar days when: (A) an act may or must be done within a specified time after service; and (B) service is made exclusively by mail. (2) The additional three-day period applies only to acts by parties and not to acts of the Court.

CRITICALCivil cases

Exceptions to an accounting must be filed with the Register of Wills within three months after notice of the accounting filing is mailed.

Exceptions to an accounting shall be filed with the Register of Wills within 3 months of the mailing of the notice of the filing of the accounting.

CRITICALCivil casesCourt notice

Responses to Rule 178A petitions are due within 13 days.

The revised rule also shortens the deadline for responses to petitions under the rule from 20 days to 13 days

CRITICALCivil cases

A motion seeking an award must be filed no later than 20 days after the Court resolves the merits.

The motion must be filed not later than 20 days after the Court resolves the merits.