Delaware Court of Chancery Document Format Requirements

CRITICALCivil cases

Applies to

Cd rom brief

CD-ROM briefs must be free of computer viruses.

(vi) CD-ROM briefs must be free of computer viruses.

CRITICALCivil cases

Briefs, compendia, and appendices must be securely bound so they lie flat and the text remains visible; other filings may be bound or stapled.

(3) Binding. Briefs, compendia, and appendices must be bound in a secure manner that does not obscure the text and permits the document to lie flat when open. All other filings may be bound or stapled.

CRITICALCivil cases

A filing must use Times New Roman at 14 points with 13-point footnotes, Century at 12 points with 11-point footnotes, or Century Schoolbook at 12 points with 11-point footnotes.

The font for a filing must use one of three conventions: (A) Times New Roman 14-point typeface with 13- point typeface in footnotes; (B) Century 12-point typeface with 11-point typeface in footnotes; or (C) Century Schoolbook 12-point typeface with 11- point typeface in footnotes.

CRITICALCivil cases

Applies to

Cd rom brief

The CD-ROM must not be bootable.

(viii) The CD-ROM shall not be bootable.

CRITICALCivil cases

Applies to

Cd rom brief

A CD-ROM brief must be contained on a Windows-compatible CD-ROM.

(iii) CD-ROM brief must be contained on Windows- compatible CD-ROMs.

CRITICALCivil cases

Bonds filed in the Court of Chancery must follow the Court-prescribed form and manner and be submitted to the Register in Chancery or filed electronically.

Each bond filed in the Court of Chancery after December 1, 1969, shall be in the form and manner prescribed by the Court and submitted to the Register in Chancery or filed electronically.

CRITICALCivil cases

The officer must securely seal the deposition in an envelope endorsed with the action title and marked with the witness's name.

The officer shall securely seal the deposition in an envelope indorsed with the title of the action and marked “Deposition of (here insert name of witness)”

CRITICALCivil cases

Every page of a Confidential Filing, except pages of voluminous exhibits, must carry the prescribed confidentiality footer.

Except for voluminous exhibits, every page of a Confidential Filing must have a footer stating: THIS DOCUMENT IS A CONFIDENTIAL FILING. ACCESS IS PROHIBITED EXCEPT AS AUTHORIZED BY RULE 5.1 OR BY COURT ORDER.

CRITICALCivil cases

Objections and responses must be filed in writing 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

Paper documents other than testimony must be labeled on each page containing confidential material with the corresponding confidentiality legend.

For paper documents other than Testimony, by affixing the legend “Confidential” or “Highly Confidential” to each page containing any Confidential Discovery Material or Highly Confidential Discovery Material, respectively.

CRITICALCivil cases

Applies to

Cd rom brief

Each submission must be labeled with the Court name, case caption and number, brief title, submission date, and submitting party’s name, both on the CD-ROM and its container.

(iv) Each submission shall be labeled with the name of this Court, the short caption of the case and its case number, the title of the brief, the date of submission, and the name of the party making submission. The label shall appear on the CD-ROM itself and on the container.

CRITICALCivil cases

Any Clawback Discovery Material identified in a Redesignation Notice that the Producing Person determines is not Privileged Discovery Material and that is not the subject of a timely Redesignation Objection Notice (a) is deemed to be “Produced Clawback Material” and (b) must be re- produced promptly as Confidential Discovery Material by the Producing Person, with a Bates prefix different from that used for Clawback Discovery Material, and without the necessity of a document-by-document review by the Producing Person—i.e., paragraph 6 of the Confidentiality Order shall not apply to any Produced Clawback Material.

Any Clawback Discovery Material identified in a Redesignation Notice that the Producing Person determines is not Privileged Discovery Material and that is not the subject of a timely Redesignation Objection Notice (a) is deemed to be “Produced Clawback Material” and (b) must be re- produced promptly as Confidential Discovery Material by the Producing Person, with a Bates prefix different from that used for Clawback Discovery Material, and without the necessity of a document-by-document review by the Producing Person—i.e., paragraph 6 of the Confidentiality Order shall not apply to any Produced Clawback Material.

CRITICALCivil cases

A request for the specified additional guardian authority must follow Rule 178’s form insofar as applicable.

The form of such request shall follow Rule 178 so far as applicable.

CRITICALCivil cases

Applies to

Cd rom brief

The CD-ROM must include a text version of the brief in its original format and in RTF.

(ix) The CD-ROM shall also include a text version of the brief in the format in which it was created and in RTF [Rich Text Format].

CRITICALCivil cases

Applies to

Cd rom brief

Three copies of the CD-ROM must be filed by conventional means.

(ii) Three copies of the CD-ROM shall be filed by conventional means.

CRITICALCivil cases

A party interested must make exceptions to a receiver’s account or petition for allowances in writing.

Exceptions to an account or to a petition for allowances filed by a receiver, or an attorney for a receiver, shall be made in writing by any party interested,

CRITICALCivil cases

Every accounting must use the Court’s form schedules unless the Court approves an exception.

Every accounting must use the Court’s form schedules, unless the Court approves an exception.

CRITICALCivil cases

When a subpoena does not specify the production form, the response must use a form in which the material is ordinarily maintained or reasonably usable.

If a subpoena does not specify a form for producing documents or electronically stored information, the person responding shall produce it in a form or forms in which it is ordinarily maintained, or in which it is reasonably usable.

CRITICALCivil cases

Applies to

Cd rom brief

Files on the CD-ROM must be configured to allow selecting and printing.

(x) Files shall be configured to allow selecting and printing.

CRITICALCivil cases

Applies to

Cd rom brief

All fonts used in a file must be embedded in that file.

All fonts used in a file shall be imbedded in the file.

CRITICALCivil cases

Applies to

Cd rom brief

Hyperlinks may link only to documents on the same CD-ROM, not to the internet or other external sources.

(ii) Hyperlinks shall only link to documents filed on the same CD-ROM, and not directly to the internet or other external sources.

CRITICALCivil cases

Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: A party may state in its request the form for producing documents or electronically stored information. If a party so states, the responding party must produce electronically stored information in the form requested. If a request does not specify a form for producing documents or electronically stored information, or if the form specified is unreasonable, a party must produce it in a form or forms in which it is ordinarily maintained or in which it is reasonably usable. Absent a showing of good cause, a party need not produce the same documents or electronically stored information in more than one form.

Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: A party may state in its request the form for producing documents or electronically stored information. If a party so states, the responding party must produce electronically stored information in the form requested. If a request does not specify a form for producing documents or electronically stored information, or if the form specified is unreasonable, a party must produce it in a form or forms in which it is ordinarily maintained or in which it is reasonably usable. Absent a showing of good cause, a party need not produce the same documents or electronically stored information in more than one form.

CRITICALCivil cases

Upon a party's request, materials produced at a deposition must be marked and annexed to and returned with the deposition, subject to the stated copy-substitution and return procedures.

Documents, electronically stored information, and tangible things produced for inspection during the examination of the witness, shall, upon the request of the party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that (A) the person producing the materials may substitute copies to be marked for identification, if the person affords to all parties fair opportunity to verify the copies by comparison with the originals, and (B) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition.

CRITICALCivil cases

Unless the parties agree otherwise, Clawback Discovery Material must be produced in an electronically searchable format.

4. Unless otherwise agreed by the Parties, Clawback Discovery Material must be produced in an electronically searchable format (e.g., as text-searchable PDFs or TIFFs, native format, etc.), and shall otherwise comply with any production protocols agreed to by the Parties.

CRITICALCivil cases

Applies to

Cd rom brief

A CD-ROM brief must match the official filed version, including pagination and counsel’s signature or an authorized /s/.

(d) A CD-ROM brief shall be identical to the “official version” filed with the Court, including pagination and the signature of counsel, or an /s/ indicating that counsel has authorized its filing.

CRITICALCivil cases

Photographs, illustrations, and tables must reproduce the original well; a glossy finish is allowed when the original is glossy.

(B) Photographs, illustrations, and tables must be reproduced by a method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy.

CRITICALCivil cases

Margins

top 1 in, bottom 1 in, left 1 in, right 1 in

A filing must have margins of at least one inch on every side.

The margins of a filing must be at least one inch on all sides.

CRITICALCivil cases

Applies to

Cd rom brief

Each hyperlink must link directly to the cited page or pages of the linked document.

(i) Hyperlinks shall link directly to the cited page(s) of the linked document.

CRITICALCivil cases

Documents produced for inspection must be kept in their usual business organization or organized and labeled to match the request categories.

A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.

CRITICALCivil cases

Applies to

Cd rom brief

A party filing an e-brief must file one CD-ROM.

(i) Any party filing an e-brief shall file a single CD- ROM.

CRITICALCivil cases

Exceptions to a guardian’s or trustee’s account must be in writing and filed with the Register in Chancery.

Exceptions to the account of a guardian of the property or trustee shall be in writing and shall be filed in the office of the Register in Chancery.

CRITICALCivil cases

Unless the parties agree otherwise, Clawback Discovery Material must be marked with an appropriate legend or a separate Bates number prefix.

3. Unless the Producing and Receiving Persons otherwise agree, the designation of Discovery Material as Clawback Discovery Material must comply with paragraph 5 of the Confidentiality Stipulation, and the Producing Person must either affix an appropriate legend or use a separate Bates number prefix for Clawback Discovery Material.

CRITICALCivil cases

Electronically stored information must carry the appropriate confidentiality legend on each page, with specified alternative designation methods for material produced in native format.

For electronically stored information other than Testimony, by affixing the legend “Confidential” or “Highly Confidential” to each page of the document, except that in the case of electronically stored information that is produced in native format, the “Confidential” or “Highly Confidential” designation can be made by adding it to the file or directory name, affixing the legend “Confidential” or “Highly Confidential” to the media containing the Discovery Material (e.g., CD-ROM, DVD, flash drive), or by including a watermark or other label on each page in the file.

CRITICALCivil cases

Text line spacing must be at least twice the typeface’s point size, while headings, footnotes, and block quotations may use line spacing equal to the typeface’s point size.

The line spacing of the text of a filing must be at least twice the point size of the typeface. The line spacing of headings, footnotes, and block quotations may be the exact point size of the typeface.

CRITICALCivil cases

Applies to

Cd rom brief

The CD-ROM brief must hyperlink all cited cases, statutes, reference materials, exhibits, and other cited items, subject to the stated hyperlink restrictions.

(f) The CD-ROM brief shall contain hyperlinks to all cases, statutes, reference materials, exhibits and such other items as are cited in the brief, subject to the following:

CRITICALCivil cases

Each consent must have a signature line with the signer’s name typed or printed beneath it.

Each consent shall have a signature line with the name of the individual signing the consent typed or printed underneath.

CRITICALCivil cases

Clawback Discovery Material must be designated as Highly Confidential Discovery Material.

5. Clawback Discovery Material must be designated as Highly Confidential Discovery Material for purposes of the Confidentiality Stipulation.

CRITICALCivil cases

Papers comprising the record must be laid flat, arranged chronologically, and bound at the top.

The papers comprising the record shall be laid flat in chronological order and bound at the top.

CRITICALCivil cases

A motion must be made in writing unless it is made during a hearing or trial.

Unless made during a hearing or trial, a motion must be made in writing.

CRITICALCivil cases

Briefs may not contain numbered paragraphs.

(C) A brief may not contain numbered paragraphs.

CRITICALCivil cases

Applies to

Cd rom brief

A CD-ROM brief must include its own viewing program or be viewable with one of the listed programs.

(v) CD-ROM briefs must either come with their own viewing programs or be viewable using (a) a program such as Adobe Acrobat that is downloadable from the Internet at no cost to the user, (b) both Internet Explorer and Netscape Navigator or (c) Microsoft Word.

CRITICALCivil cases

Every fiduciary accounting must use the Court’s form schedules unless the Court approves an exception.

Every accounting must use the Court’s form schedules, unless the Court approves an exception.

WARNINGCivil cases

Each allegation in a pleading must be simple, concise, and direct.

Each allegation must be simple, concise, and direct.

WARNINGCivil cases

Paper documents other than testimony must bear a “Confidential” legend on every page containing confidential discovery material.

For paper documents other than Testimony, by affixing the legend “Confidential” to each page containing any Confidential Discovery Material.

WARNINGCivil cases

A status report must use the Court’s form, except the Office of the Public Guardian may use its own review form with Court approval.

The status report shall be in the form provided by the Court, except the Office of the Public Guardian may provide its own review form, subject to the Court’s approval.

WARNINGCivil cases

Pleadings must state allegations, claims, or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.

A pleading must state allegations, claims, or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.

WARNINGCivil cases

For electronically stored information produced in native format, the confidentiality designation may be made through the file or directory name, the media label, or a watermark or other label on each page.

except that in the case of electronically stored information that is produced in native format, the “Confidential” designation can be made by adding it to the file or directory name, affixing the legend “Confidential” to the media containing the Discovery Material (e.g., CD-ROM, DVD, flash drive), or by including a watermark or other label on each page in the file.

WARNINGCivil cases

A person may use an unsworn declaration under penalty of perjury for pleadings and papers in civil miscellaneous matters, except for the listed petitions and documents.

Rule 178B. Unsworn Declarations in Civil Miscellaneous Matters A person may use an Unsworn Declaration under Penalty of Perjury under 10 Del. C. § 3927 for pleadings and papers in civil miscellaneous matters, including verifications, declarations, affidavits, and notarized signatures. But an Unsworn Declaration under Penalty of Perjury may not be used with: (1) petitions under Rules 175, 175-A, 175-B, or 180; (2) petitions to remove a guardian and/or appoint a successor guardian; (3) petitions to add a co-guardian; (4) petitions to terminate a guardianship due to recovery of the person with a disability or to terminate in favor of less restrictive measures; (5) petitions for instructions regarding life-sustaining procedures; (6) petitions to transfer funds at majority in guardianships of a minor’s property; (7) physician affidavits; (8) personal information sheets;

WARNINGCivil cases

either directly or, if necessary, after conversion by the responding party into a reasonably usable form

either directly or, if necessary, after conversion by the responding party into a reasonably usable form

WARNINGCivil cases

Allegations must be simple, concise, and direct, but no technical form is required.

Each allegation must be simple, concise, and direct. No technical form is required.