Delaware Court of Chancery Filing Timing and Cure Windows

CRITICALCivil cases

If a motion is filed, the Court may not enter an appointment order until at least 20 days after the motion is served.

The Court will not enter an order of appointment before 20 days after service of the motion, if one is filed.

CRITICALCivil cases

A party may amend its pleading once as a matter of course at any time before a responsive pleading is served.

A party may amend the party’s pleading once as a matter of course: (A) at any time before a responsive pleading is served;

CRITICALCivil cases

An alternative plaintiff may move to intervene within 60 days and continue the action.

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

CRITICALCivil cases

For covered periods stated in hours, counting begins immediately, includes all hours, and extends to the same time on the next non-holiday weekday if the period ends on a weekend or legal holiday.

Rule 6. Computing and Extending Time (a) Computing Time. The following rules apply in computing any time period specified in these Rules, in a Court order, or in any statute that does not specify a method of computing time and that addresses the timing of events in a Court proceeding: (2) Period Stated in Hours. When the period is stated in hours: (A) Begin counting immediately on the occurrence of the event that triggers the period. (B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays. (C) If the period would end on a Saturday, Sunday, or legal holiday, the period continues until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

After denial of an in forma pauperis application, payment must be due no earlier than 15 days after notice, and nonpayment may result in rejection of a filing or dismissal of the action.

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 date of the notice. A filing may be rejected or an action dismissed for non-payment.

CRITICALCivil cases

Applies to

Answering brief

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

For covered periods stated in days or longer units, exclude the triggering day and, for periods under 11 days, intermediate weekends and legal holidays; include the last day unless it falls on a weekend or legal holiday, in which case the period runs through the next non-holiday weekday.

Rule 6. Computing and Extending Time (a) Computing Time. The following rules apply in computing any time period specified in these Rules, in a Court order, or in any statute that does not specify a method of computing time and that addresses the timing of events in a Court proceeding: (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) Exclude the day of the event that triggers the period. (B) Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days. (C) Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues until the end of the next day that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

Applies to

Complaint amendment or motion for leave to amend

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;

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;

CRITICALCivil cases

The guardian must file a bank statement showing the current account balance each year on January 15.

The guardian shall file a bank statement annually on January 15, showing the current balance in the guardianship account.

CRITICALCivil cases

Lack of service of an order does not extend the appeal time or authorize relief for a late appeal, except as the Supreme Court may permit.

Lack of service with a copy of an order does not affect the time for appeal—or authorize the Court to relieve a party for failing to appeal within the time allowed— except as the Supreme Court may permit.

CRITICALCivil cases

In a Civil Miscellaneous Docket action, a party may take exceptions after the Report is issued.

In an action on the civil miscellaneous docket, a party may take exceptions to any Report following the issuance of such Report.

CRITICALCivil cases

Applies to

Amended pleading

If no responsive pleading is required and the action has not been set for trial, a party may amend as a matter of course no later than 20 days after service of the pleading.

(B) if the pleading is one to which no responsive pleading is required and the action has not been set for trial, no later than 20 days after the pleading is served.

CRITICALCivil cases

A motion to strike must be made before responding to the pleading 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

For civil actions outside the civil miscellaneous docket, the exceptions period is stayed until the referred matter concludes and a Final Report issues, after which parties may file exceptions to prior Reports.

Rules 144(d)(1)-(2) provide that, for civil actions other than those on the civil miscellaneous docket, the time for taking exceptions does not begin until after the Magistrate in Chancery has issued a Final Report that concludes a referred action or dispute. Under the prior Rule 144, parties could file exceptions to any non-draft Report in a non-expedited matter within 11 days of entry of the Report and could file exceptions to any non-draft Report in an expedited matter within three days of entry of the Report, unless the exceptions period was stayed. The combined effect of the revisions to Rule 144(b)(2) and Rule 144(d)(1)-(2) is to stay the period for filing exceptions until the matter before the Magistrate in Chancery has concluded, at which point any party may file exceptions to any Report previously issued by the Magistrate in Chancery. If no party timely files exceptions, the Chancellor will adopt the Final Report and all prior Reports as orders of the court.

CRITICALCivil cases

Exceptions to claims must be filed with the Register in Chancery within 30 days after the claims-filing period or any Court-approved extension expires.

Exceptions to claims shall be filed in the office of the Register in Chancery and shall be served on the person to whose claim exception is taken, by the receiver, or by any party in interest, within 30 days from the expiration of the time for filing claims or of any extension of time allowed by the Court

CRITICALCivil cases

Guardians must file an annual status report with the Register in Chancery by the first business day of the quarter in which they were appointed.

All guardians of the person and/or property of any person with a disability shall file a status report with the Register in Chancery each year no later than the first business day of the quarter in which the guardian was appointed.

CRITICALCivil cases

A guardian must render a final accounting within 30 days after removal, resignation, or termination, unless the Court orders otherwise; the rule does not apply when accountings have been waived unless the Court orders otherwise.

Under 12 Del. C. § 3941(a), upon removal or resignation of a guardian or upon termination of a guardianship, the guardian shall render a final accounting within 30 days of the removal, resignation, or termination of the guardianship, unless otherwise ordered by the Court. This rule shall not apply if accountings have been waived, unless otherwise ordered by the Court.

CRITICALCivil cases

Applies to

Hearing presentation

Unless the Court orders otherwise, a presentation used at a hearing must be filed within 10 days after the hearing.

Unless otherwise ordered by the Court, a party must file: (A) any presentation used at a hearing within 10 days after the hearing;

CRITICALCivil cases

Applies to

Notice of exceptions

For a Report or Draft Report addressing an uncontested petition, or one for which the Magistrate in Chancery has expedited exceptions, the notice of exceptions is due within three days.

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

CRITICALCivil cases

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

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

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

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.

CRITICALCivil cases

A person receiving notice must file any objection within twenty days of the notice date.

Persons receiving notice shall be required to file any objection within twenty days of the date of such notice.

CRITICALCivil cases

A deposition noticed less than 11 days in advance cannot be used against a party who promptly files a protective-order motion seeking to prevent it or change its time or place, if the motion is pending when the deposition is held.

nor shall a deposition be used against a party who, having received less than 11 days notice of a deposition, has promptly upon receiving such notice filed a motion for a protective order under Rule 26(c)(2) requesting that the deposition not be held or be held at a different time or place and such motion is pending at the time the deposition is held.

CRITICALCivil cases

Applies to

Notice of exceptions

In a Civil Miscellaneous Docket action, a notice of exceptions is due within 11 days of the Report or Draft Report, except that the stated uncontested-petition and expedited-exceptions matters have a three-day deadline.

A party taking exceptions to a Report entered in an action on the Civil Miscellaneous Docket must file a notice of exceptions within 11 days of a Report or Draft Report, except that 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

CRITICALCivil cases

Applies to

Opening brief

If the party taking exceptions does not timely file an opening brief, the notice of exceptions is deemed withdrawn and the Reviewing Judge will enter an order adopting the Report.

If the party taking exceptions fails to file a timely opening brief, then the notice of exceptions is deemed withdrawn and the Reviewing Judge will enter an order adopting the Report.

CRITICALCivil cases

The filer must give notice within five days after the challenge notice is filed.

the filer must give notice within five days after the filing of the challenge notice

CRITICALCivil cases

If no party timely files a notice of exceptions after entry of a Final Report, the Chancellor adopts the Final Report and all prior Reports as court orders.

If no party timely files a notice of exceptions after entry of a Final Report, then the Chancellor will adopt the Final Report and all prior Reports as orders of the Court.

CRITICALCivil cases

The public version must be filed by the day after the deadline for designating additional information for redaction.

Rule 5.1(f)(2) revises the deadline for filing a public version to the day after the deadline for designating additional information for redaction.

CRITICALCivil cases

Exceptions to an inventory may be filed after the inventory is filed, but no later than three months after notice of the final accounting is mailed.

(a) Time and Form of Filing. Exceptions to an inventory may be filed with the Register of Wills at any time after the filing of the inventory but not later than 3 months after the mailing of the notice of the filing of the final accounting.

CRITICALCivil cases

The accounting must remain open for inspection and exceptions for three months from the date the notice is mailed.

Upon the filing of an accounting by a personal representative with the statement of the names and mailing addresses of each beneficiary entitled to share in the distribution of the estate as provided by 12 Del. C. § 2302, and after adjustment and settlement of such accounting by the Register of Wills, the Register of Wills shall mail to such persons written notice that the accounting has been filed and will be open for inspection and exception for 3 months from the date of mailing of the notice in accordance with Article IV, § 32 of the Constitution of 1897.

CRITICALCivil cases

An account may not be presented for approval until 30 days after filing unless everyone entitled to notice waives notice and consents in writing.

A guardian of the property or trustee shall not present an account to the Court for approval until after the expiration of 30 days from the date of the filing of the account, unless all of the persons entitled to receive notice thereof under Rule 119 shall have waived the notice and consented in writing to the approval of the account.

CRITICALCivil cases

Unless the court orders otherwise, proof of the annuity or structured financial instrument must be filed within 60 days after entry of the limited-guardian appointment order.

Unless otherwise ordered, proof of the annuity or structured financial instrument shall be filed within 60 days of the entry of the order appointing the limited guardian.

CRITICALCivil cases

The appraiser must complete and file the appraisal within 60 days after appointment.

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

If no responsive pleading is required and the action has not been set for trial, a party may amend once as a matter of course no later than 20 days after service of the pleading.

A party may amend the party’s pleading once as a matter of course: (B) if the pleading is one to which no responsive pleading is required and the action has not been set for trial, no later than 20 days after the pleading is served.

CRITICALCivil cases

If the party taking exceptions does not timely file an opening brief, the notice is deemed withdrawn and the Reviewing Judge enters an order adopting the Report.

If the party taking exceptions fails to file a timely opening brief, then the notice of exceptions is deemed withdrawn and the Reviewing Judge will enter an order adopting the Report.

CRITICALCivil cases

For other Confidential Filings, the filer should give notice contemporaneously but must do so by 3:00 p.m. two days after filing; recipients must designate additional information for redaction by 3:00 p.m. on the fifth day 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. Any recipient must designate any additional information for redaction by 3:00 p.m. on the fifth day after the filing.

CRITICALCivil cases

Applies to

Reply brief

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

Opening brief

If the party taking exceptions does not timely file an opening brief, the notice is deemed withdrawn and the Reviewing Judge enters an order adopting the Report.

If the party taking exceptions fails to file a timely opening brief, then the notice of exceptions is deemed withdrawn and the Reviewing Judge will enter an order adopting the Report.

CRITICALCivil cases

A person seeking to serve as a representative party must file an affidavit within 10 days after filing a complaint, motion to intervene, or motion seeking appointment.

(1) A person seeking to serve as a representative party 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 representative party.

CRITICALCivil cases

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

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

CRITICALCivil cases

Applies to

Opening brief

The party taking exceptions must file an 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

Proof of compliance and the inventory must be filed within 30 days, as stated in the required paragraph.

(D) if an attorney filed the petition on behalf of the guardian, a paragraph stating that the attorney is responsible for ensuring that any guardianship bank account required by the final order is properly opened and that the proof of compliance and inventory are filed within 30 days;

CRITICALCivil cases

Applies to

Complaint amendment or motion for leave to amend

If the case was transferred from another court, the party may amend its complaint or seek leave within 30 days after transfer, even if it responded to the motion in the other court.

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.

CRITICALCivil cases

Applies to

Opposing affidavit

Opposing affidavits must be filed within 10 days after service.

The opposing party must file any opposing affidavits no later than 10 days after being served.

CRITICALCivil cases

An accounting may not be presented for approval until three months after the notice is mailed, unless all interested persons have executed the specified waivers and consents.

(a) No accounting shall be presented to the Court for approval until after the expiration of 3 months from the date of the mailing of the notice contemplated by Rule 194(a), unless all of the beneficiaries, guardians, trustees or parents of legally incapacitated beneficiaries interested in the accounting have executed waivers and consents as contemplated in Rule 194(b).

CRITICALCivil cases

The power of attorney must be filed during January each year and before the Court accepts or approves the surety company.

Each surety company shall, in the month of January in each year, file with the Register of Wills, in each county in which such surety company is engaged in business, a power of attorney authorizing the execution of bonds by the attorney-in-fact designated in the power of attorney, before the Court shall accept or approve such company as surety.

CRITICALCivil cases

If a substitution motion is not made within 90 days after service of a statement noting death, the action by or against the decedent must be dismissed.

If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.

CRITICALCivil cases

Applies to

Proposed briefing schedule

The proposed briefing schedule on exceptions is due 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

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

(6) Time to Respond to 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

A plaintiff may file a notice of dismissal before the adverse party serves an answer or a summary-judgment motion, whichever occurs first, but that notice is ineffective in the stated motion-to-dismiss circumstance.

by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. However, no such dismissal pursuant to subpart (i) above shall be effective where the complaint is subject to a motion to dismiss and the plaintiff has chosen to file an answering brief rather than seeking to amend. See Rule 15(a)(5).