Delaware Court of Chancery Filing Timing and Cure Windows

CRITICALCivil cases

Briefing on exceptions is stayed when a procedural review is ordered, until the Magistrate in Chancery issues its 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.

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

For periods stated in hours, counting begins immediately, includes all hours, and a period ending on a weekend or legal holiday continues until the same time on the next non-weekend, non-holiday day.

(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

Unless the Court directs otherwise, the list must be filed (1) within 7 days after service of the

Unless the Court directs otherwise, the list must be filed (1) within 7 days after service of the

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 as a representative party.

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

If the Court permits a supplemental pleading, the opposing party must respond 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

A party must file its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used.

its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used.

CRITICALCivil cases

The parties must submit a proposed briefing schedule 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 temporary restraining order issued without notice must be filed promptly.

Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be filed promptly.

CRITICALCivil cases

The list deadline includes filing within 3 days after service of the answer, with the later of the stated alternatives controlling.

petition or application or (2) within 3 days after service of the answer, whichever is later.

CRITICALCivil cases

The filer must file the public version of a Confidential Filing subject to a Rule 5.1(e) notice on the day after the deadline for designating additional redactions.

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

Unless the Court orders otherwise, a Rule 178(a) petition must be held for at least 13 days to allow interested parties to respond.

Unless otherwise ordered by the Court, notice of all petitions filed pursuant to Rule 178(a) must be served on all interested parties, and the petition shall be held for a period of at least 13 days to allow interested parties to respond.

CRITICALCivil cases

If no party timely files exceptions to a Report granting an uncontested petition, the Report is deemed adopted in its entirety as a court order with effect from its issuance date.

If no party timely files a notice of exceptions after entry of a Report granting an uncontested petition, 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

Applies to

Testifying expert reports and demonstrative exhibits

Unless the Court orders otherwise, a party must file testifying expert reports and demonstrative exhibits within 10 days after the relevant trial or hearing concludes.

(B) its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used.

CRITICALCivil cases

A period ending on a Saturday, Sunday, or legal holiday continues through the end of the next day that is not one of those days.

period continues until the end of the next day that is not a Saturday, Sunday, or legal holiday.

CRITICALCivil cases

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

(A) the filer must give notice within five days after the filing of the challenge notice;

CRITICALCivil cases

The pro hac vice motion and certificate must be filed as soon as reasonably possible and no later than the attorney’s first appearance before the Court or Clerk in the matter.

The motion and certificate described in subsections (a) and (b) of this rule shall be filed as soon as reasonably possible, and they shall be filed no later than the date of the 1st appearance of the attorney who seeks admission pro hac vice before the Court or the Clerk of the Court in the matter for which admission is sought.

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

A party must obey an order for a more definite statement within 10 days after notice or within the time set by the Court.

If the Court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the Court sets, the Court may strike the pleading or issue any other appropriate order.

CRITICALCivil cases

A guardian must render a final accounting within 30 days after removal, resignation, or termination unless the Court orders otherwise; the requirement 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

Opening brief

In actions that are not summary or expedited, the opening brief supporting exceptions is due within 20 days after the notice of exceptions is filed.

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

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 time set by the Court.

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 party may move to alter or amend judgment within 10 days after the event identified in the remainder of the rule.

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

WARNINGCivil cases

The additional time otherwise allowed after service by mail does not apply to this rule, regardless of the service method.

The additional time after service by mail does not apply to this rule, regardless of the method of service.

WARNINGCivil cases

For purposes of Rule 6, a legal holiday is a day declared a holiday by the Governor or identified as a holiday in 1 Del. C. § 501.

(5) “Legal Holiday” Defined. As used in this rule, “legal holiday” means any day declared a holiday by the Governor of the State or identified as a holiday in 1 Del. C. § 501.

WARNINGCivil cases

The Register in Chancery must docket notice of the expiration at least 90 days before the expiration date.

At least 90 days before the expiration date, the Register in Chancery must file a notice on the docket advising the parties of the expiration of confidential treatment.

WARNINGCivil cases

Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days.

Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days.

WARNINGCivil cases

The Register in Chancery must forward the duplicate notice to the Register of Wills forthwith after the notice is filed.

Upon the filing of a notice of appeal or a notice of exceptions the Register in Chancery shall forthwith forward the duplicate thereof to the Register of Wills.

WARNINGCivil cases

A party may move for judgment on the pleadings after the pleadings close, provided the motion is made early enough not to delay trial.

After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.

WARNINGCivil cases

If 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.

WARNINGCivil cases

Determine the “next day” by counting forward for a period measured after an event and backward for a period measured before an event.

(4) “Next Day” Defined. 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.

WARNINGCivil cases

A party may move for judgment on the pleadings after the pleadings close, provided the motion is made early enough not to delay trial.

After the pleadings are closed—but early enough not to delay trial—a party may move for judgment on the pleadings.

WARNINGCivil cases

The fragment states that the referenced matter is to be addressed within 10 days after notice of the order or within a time set by the Court, which may strike the pleading or issue another appropriate order.

obeyed within 10 days after notice of the order or within the time the Court sets, the Court may strike the pleading or issue any other appropriate order.

WARNINGCivil cases

If no party timely files a notice of exceptions after entry of a Final Report, the Chancellor will adopt 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.

WARNINGCivil cases

A 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.

WARNINGCivil cases

Exceptions are heard at the scheduled hearing on the account or petition unless the Court orders otherwise.

The exceptions will be heard by the Court at the time fixed for the hearing on the account or petition unless otherwise ordered.

WARNINGCivil cases

The Register in Chancery must docket notice of the expiration at least 90 days beforehand.

At least 90 days before the expiration date, the Register in Chancery must file a notice on the docket advising the parties of the expiration of confidential treatment.

WARNINGCivil cases

Immediately after the record is filed, the Register in Chancery must notify counsel or unrepresented parties of the filing date.

Immediately upon filing of the record in this Court, the Register in Chancery shall notify counsel or the parties, if the latter or any of them are not represented by counsel, of the date of such filing.

WARNINGCivil cases

The revised rule does not impose Federal Rule 60(c)(1)’s one-year deadline on motions under Rule 60(b)(1), (2), or (3).

The revised rule does not adopt Federal Rule 60(c)(1)’s requirement that motions under Rule 60(b)(1), (2), and (3) be brought no more than a year after the entry of the judgment or order or the date of the proceeding.

WARNINGCivil cases

If no party timely files a notice of exceptions in a Civil Miscellaneous Docket action, the Report is deemed adopted in its entirety 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.

WARNINGCivil cases

The last day is included, subject to a further rule for a last day that falls on a Saturday, Sunday, or legal holiday; that rule continues beyond this excerpt.

Include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the

WARNINGCivil cases

A party may raise a Rule 12(b)(1) defense by motion at any time.

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.

WARNINGCivil cases

Rule 6’s time-calculation rules also apply to statutes that address the timing of events in the Court.

Revised Rule 6(a) provides that the rules for calculating time periods apply to statutes if the statutes address the timing of events in this Court.

WARNINGCivil cases

Unless the Court orders otherwise, the Register may dispose of any exhibit not removed within 15 days or with the prior consent of the parties.

Unless the Court orders otherwise, the Register may dispose of any exhibit not removed within 15 days or with the prior consent of the parties.

WARNINGCivil cases

If no timely opposition is filed, the challenge is deemed withdrawn.

If a timely opposition is not filed, the challenge is deemed withdrawn.

WARNINGCivil cases

For a period stated in days or a longer unit, exclude the day of the triggering event when computing time.

When the period is stated in days or a longer unit of time: (A) Exclude the day of the event that triggers the period.

WARNINGCivil cases

The three-day extension does not apply when a paper is served by mail and filed electronically.

The three extra days do not apply if the paper is both served by mail and filed electronically.

WARNINGCivil cases

When calculating the additional three calendar days after service by mail, include intermediate Saturdays, Sundays, and legal holidays.

Thus, intermediate Saturdays, Sundays, and legal holidays are included, not omitted.

WARNINGCivil cases

A beneficiary omitted from the required statement may take exception to the accounting despite the Court’s approval.

Any beneficiary entitled to share in the distribution of the estate who has not been named in the statement required by 12 Del. C. § 2302 may take exception to the accounting notwithstanding any approval thereof by the Court.

WARNINGCivil cases

A motion to suppress deposition testimony for specified handling errors must be made with reasonable promptness after the defect is or could with due diligence have been discovered.

(4) As to Completion and Return of Depositions. Error and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.