Delaware Court of Chancery Filing Timing and Cure Windows

WARNINGCivil cases

Upon final disposition, the transmitted original record papers and the Court's order must be returned to the Register of Wills.

Upon the final disposition of the cause in this Court, the original papers comprising the record so transmitted shall be returned to the custody of the Register of Wills, with the order of this Court.

WARNINGCivil cases

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

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

Applies to

Amended pleading

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

(A) at any time before a responsive pleading is served;

WARNINGCivil cases

A party may assert a Rule 12(b)(7) defense before a 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.

WARNINGCivil cases

The additional time ordinarily allowed after service by mail does not apply under 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

Within 10 days after receiving the duplicate notice, the Register of Wills must transmit the record to the Register in Chancery.

Within 10 days after receipt by the Register of Wills of the duplicate notice of appeal or notice of exceptions, as the case may be, the Register of Wills shall transmit to the Register in Chancery all of the original papers including the transcript of testimony, if any, and all exhibits except such as may be omitted by written stipulation of all the parties filed with the Register of Wills; and the Register of Wills shall append the certificate identifying such record with reasonable definiteness.

INFOCivil 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.

INFOCivil cases

Applies to

Motion to amend pleadings

A party may move at any time, including after judgment, to amend the 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.