Delaware Court of Chancery Filing Timing and Cure Windows

CRITICALCivil cases

A motion for a new trial or other action after trial must be filed within 10 days after judgment is entered.

(3) Time to File Motion. A motion for a new trial or other action after trial must be filed no later than 10 days after the entry of judgment.

CRITICALCivil cases

The personal representative must file a response within 30 days after the date of the notice of exceptions.

(b) Notice and Responses. The Register of Wills shall mail to the personal representative written notice of the filing of exceptions to an inventory or accounting, and the personal representative shall file a response to the exceptions no later than 30 days from the date of the notice of the exceptions.

CRITICALCivil cases

Exceptions must be filed in the Register’s office and served on the receiver or the receiver’s attorney within the time set by the Court.

and shall be filed in the office of the Register and served on the receiver or the attorney for the receiver, as the case may be, within the time fixed by the Court in its order setting such account or petition for hearing.

CRITICALCivil cases

Further trust accountings must be filed at least every two years, each covering the two years after the prior accounting’s covered period and filed within ninety days after the covered period ends.

Further trust accountings shall be filed at least once every two years and the covered period shall be the two years of trust administration that followed the covered period for the last accounting and shall be filed within ninety days of the end of the covered period of each accounting.

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

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

A party may assert a Rule 12(b)(6) defense by motion before a responsive pleading is filed, if one is allowed.

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.

CRITICALCivil cases

The Court must hear and decide a motion to dissolve or modify the restraining order as promptly as justice requires.

The Court must then hear and decide the motion as promptly as justice requires.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

(1) 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

In a Civil Miscellaneous Docket action, a party generally must file a notice of exceptions within 11 days of the Report or Draft Report.

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,

CRITICALCivil cases

The sequestrator must report to the Court about the sequestered property within 20 days after seizure, unless the Court directs a different time.

(4) If the defendant fails to appear and the plaintiff posts the required security, then the sequestrator must: (C) report to the Court within 20 days after the seizure—or different time if the Court directs—regarding the property sequestered, including the date and time of the property’s seizure.

CRITICALCivil cases

Applies to

Opposition

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

Any objection to the appointed guardian ad litem must be submitted within five days after notification.

The parties shall be notified of the guardian ad litem appointed by the Court and shall submit any objection to that appointment within five days.

CRITICALCivil cases

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

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

CRITICALCivil cases

The proceeding may be commenced only after the final award in the Arbitration has been issued.

The proceeding may be commenced only after the final award in the Arbitration has been issued.

CRITICALCivil cases

Unless the court orders otherwise, it will hold the petition for at least 13 days for responses and may act without further proceedings if none is received within that period.

(C) Notice Period. 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

For a Civil Miscellaneous Docket Report addressing an uncontested petition or with expedited exceptions, the notice must be filed within three days and the party must proceed under Rule 144(d)(2).

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 Report or Draft Report and proceed under Rule 144(d)(2).

CRITICALCivil cases

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

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

CRITICALCivil cases

Objections or responses must be filed in writing with the Court of Chancery within 20 days of the petition date unless the Court expedites the matter.

notice that any objection or response shall be filed in writing with the Court of Chancery within 20 days of the date of the petition unless the Court expedites the matter;

CRITICALCivil cases

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

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

CRITICALCivil cases

The surety company’s annual filing is due in January and must precede the Court’s acceptance or approval of the company as surety.

Each surety company shall, in the month of January in each year, file with the Register in Chancery of the Court of Chancery, 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

Unless the Court orders otherwise, a receiver must file the specified materials with the Register in Chancery within 30 days after appointment and qualification.

Every receiver unless otherwise ordered by the Court shall, within 30 days from the time of the receiver’s appointment and qualification, file with the Register in Chancery:

CRITICALCivil cases

The filer must file the public version of a Confidential Filing covered by a Rule 5.1(e) notice the day after the designation deadline.

The filer must file a public version of every Confidential Filing that was the subject of a Rule 5.1(e) notice the day after the deadline for designating additional information for redaction.

CRITICALCivil cases

A party's appeal deadline is unaffected by failure to receive service of an order, and the Court may not excuse a late appeal on that basis unless the Supreme Court permits it.

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

The CD-ROM brief must be filed within ten days after the electronic or conventional paper copies are filed, unless the Court directs otherwise.

(i) The CD-ROM brief shall be filed not later than ten days after the filing of the electronically filed or conventionally filed paper copies of the brief, unless the Court directs otherwise.

CRITICALCivil cases

A party must file any presentation used at a hearing within 10 days after the hearing.

any presentation used at a hearing within 10 days after the hearing;

CRITICALCivil cases

If no party timely files a notice of exceptions, the Report is deemed adopted in full as a court order effective as of its issuance date.

If no party timely files a notice of exceptions, the Report shall be deemed adopted in its entirety as an order of the Court, and shall have the same effect as though issued by a Chancellor or Vice Chancellor, as of the date it was issued by the Magistrate in Chancery, nunc pro tunc.

CRITICALCivil cases

In a Civil Miscellaneous Docket action, a party may take exceptions to any Report after it 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

For an amendment changing a party or its name to relate back, the party to be added must receive qualifying notice within 120 days after the complaint is filed, unless the Court allows additional time for good cause.

within 120 days of the filing of the complaint, or such additional time the Court allows for good cause shown, the party to be brought in by amendment: (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits; and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.

CRITICALCivil cases

A receiver must submit a full report within three months of appointment and a like report at the end of each year while the receivership is pending.

Every receiver shall within 3 months of being appointed submit to the Court a full report of the receiver’s proceedings and the state of the affairs of the company, and thereafter make like report at the expiration of each year during the pendency of the receivership.

CRITICALCivil cases

After the first accounting, a guardian must file an annual accounting no later than the first business day of the appointment quarter, covering twelve months beginning the day after the previous accounting period ends.

Thereafter, the guardian shall file an annual accounting no later than the first business day of the calendar quarter in which the guardian was appointed. The covered period for each guardianship accounting after the first accounting shall be twelve (12) months of the guardian’s administration of the property of the person with a disability, with each covered period beginning the day after the final day of the previous accounting.

CRITICALCivil cases

A third-party plaintiff must obtain the court’s leave by motion if it files its complaint more than 10 days after serving its original answer.

the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 10 days after serving its original answer.

CRITICALCivil cases

A third-party plaintiff must obtain the court’s leave by motion to file a third-party complaint more than 10 days after serving its original answer.

But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 10 days after serving its original answer.

CRITICALCivil cases

A motion for a more definite statement must be made before the party files a responsive pleading.

The party must move before filing a responsive pleading,

CRITICALCivil cases

An alternative derivative plaintiff may move to intervene within 60 days and continue the action when the sole derivative plaintiff cannot adequately represent the entity.

If only one person has sued derivatively but cannot adequately represent the interests of the entity in pursuing the derivative action, then the Court must dismiss the derivative action without prejudice. But an alternative derivative plaintiff may move to intervene within 60 days and continue the action.

CRITICALCivil cases

Guardians must file an annual status report 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

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

(3) Inaccessibility of the Register in Chancery. Unless the Court orders otherwise, if the Register in Chancery 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

The appointed appraiser must provide the appraisal report to the guardian or trustee within 30 days after appointment.

The appraiser so appointed shall provide the appraisal report to the guardian or trustee within thirty (30) days of the appointment.

CRITICALCivil cases

Motions for a new trial or other action after trial must be filed within 10 days after judgment is entered.

A motion for a new trial or other action after trial must be filed no later than 10 days after the entry of judgment.

CRITICALCivil cases

Exceptions in a civil action other than one on the Civil Miscellaneous Docket may be taken only after the Final Report is entered.

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

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 notice must set a claims-filing period of at least 60 days after the notices are mailed.

Unless otherwise ordered by the Court, within 15 days after the filing of a list of the creditors of the company, the receiver appointed pursuant to Rule 149 shall give to every known creditor of the company notice by mail to file their claims against the company within a certain time to be fixed in said notice, which shall not be less than 60 days after the mailing of said notices;

CRITICALCivil cases

For calculating a period, count forward to determine the next day when the period is measured after an event, and backward when it is measured before an event.

The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

CRITICALCivil cases

The inventory or supplemental inventory must be filed with the Office of the Register in Chancery within 30 days after appointment or receipt of the assets, as applicable.

(iii) shall be filed in the Office of the Register in Chancery within thirty (30) days after the appointment of the guardian or trustee, or after the receipt of the assets, as the case may be.

CRITICALCivil cases

Any objection to the petition must be submitted within 13 days when consents cannot be obtained and the petition is sent with the required notice.

If consents cannot be obtained, the petition must be sent to all interested parties by certified mail, along with notice that any objection to the petition must be submitted within 13 days.

CRITICALCivil cases

In the stated circumstances, the receiver’s bond must be given within the time fixed in the appointment order.

Upon the hearing of the rule, if an answer admitting the allegations of the bill be not then filed, a receiver pendente lite may be appointed or the receiver theretofore appointed may be continued until final order, or until the further order of the Court, upon the giving of a bond by the receiver to the State of Delaware within the time fixed in the order of appointment, with surety to be approved by the Court.

CRITICALCivil cases

If no party timely files exceptions after entry of a Final Report, the Chancellor adopts that 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

If bond is required, it must be executed and filed within seven days of entry of the order.

(E) if bond is required, a paragraph stating that the bond must be executed and filed within seven days of the entry of the order and that no copy of the final order, whether certified or not, will be released until the bond is filed;

CRITICALCivil cases

Affidavits must be served and filed at least 3 days before the hearing date fixed by the Court Administrator.

Affidavits must be served and filed not later than 3 days prior to the date fixed by the Court Administrator for hearing.