Court of Chancery Rules
Current through 2025
Chapter I · Scope Of Rules — Form Of Action
Chapter II · Commencement Of Action;
Chapter III · Pleadings And Motions
- 7 Pleadings; Motions; Briefs; Letters; Compendia; Scheduling and Argument
- 8 General Rules of Pleading
- 9 Pleading Special Matters
- 10 Caption; Form of Filings
- 11 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions Deadlines
- 12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing Deadlines
- 13 Counterclaim and Crossclaim
- 14 Third-Party Practice Deadlines
- 15 Amended and Supplemental Pleadings Deadlines
- 16 Pretrial Procedure; Formulating Issues Deadlines
Chapter IV · Parties
- 17 Real Party in Interest; Capacity; Public Officers Deadlines
- 18 Joinder of Claims
- 19 Required Joinder of Parties
- 20 Permissive Joinder of Parties
- 21 Misjoinder and Nonjoinder of Parties
- 22 Interpleader
- 23 Class Actions Deadlines
- 23.1 Derivative Actions for Entities with Separate Legal Existence Deadlines
- 23.2 Actions on Behalf of or Against the Members of an Association Without Separate Legal Existence Deadlines
- 24 Intervention
- 25 Substitution of Parties Deadlines
Chapter IX · Appeals
Chapter V · Depositions And Discovery
- 26 General Provisions Governing Discovery
- 28 Persons Before Whom Depositions may be Taken
- 29 Stipulations Regarding Discovery Procedure
- 30 Depositions upon Oral Examination Deadlines
- 31 Depositions Upon Written Questions Deadlines
- 32 Use of Depositions in Court Proceedings Deadlines
- 33 Interrogatories to Parties Deadlines
- 34 Production of Documents, Electronically Stored Information, and Tangible Things and Entry Upon Land for Inspection and Other Purposes Deadlines
- 35 Physical and Mental Examination of Persons
- 36 Requests for Admission Deadlines
- 37 Failure to Make Discovery: Sanctions
Chapter VI · Trials
Chapter VII · Judgment
- 54 Judgment; Costs
- 55 Default Judgments Deadlines
- 56 Summary Judgment Deadlines
- 57 Declaratory Judgments
- 58 Entry of Judgment
- 59 New Trials Deadlines
- 60 Relief from Judgment or Order
- 61 Harmless Error
- 62 Stays by Trial Court in Cases of Appeal and Motion for New Trial
- 63 Inability of a Judge to Proceed
Chapter VIII · Provisional And Final Remedies
Chapter X · The Court Of Chancery; Register
Chapter XI · General Provisions
- 80 Court of Chancery Seal
- 81 Applicability in Special Proceedings Deadlines
- 82 Jurisdiction and Venue Unaffected
- 83 Proceedings In Forma Pauperis
- 84 Court Interpreters
- 85 Title
- 86 Effective Date
- 87 Assignment of Causes to Family Court Deadlines
- 88 Allowance for Fees, Expenses and Services
- 89 Bonds of Fiduciaries
- 90 Access to Documents Filed with the Court in Civil Miscellaneous Actions Deadlines
Chapter XI-A · Technology Disputes
Chapter XI-B · Rules Governing Private
Chapter XII · Proceedings To Modify Trusts
- 100 Contents of a Petition to Modify a Trust by Consent
- 101 Appendix of Exhibits to Consent Petition
- 102 Form of Consents to the Relief Sought in the Petition
- 103 Consent Petitions Appending Consents Under 12 Del. C. § 3547
- 104 Consent Petition Proposed Orders and Application of Rules
- 105 Notice of Intent to Execute Writ Given by Sheriff
- 106 Appointment of Trustee Without Writ
- 107 Trustee Appointed Without Writ; Contents of Petition
- 107.1 Hearing Upon Petition for Appointment of Trustee Without Writ
- 107.2 Petition for Leave to Expend Principal or Borrow Money
- 108 Discharge of Trustee Upon Recovery of Sanity
Chapter XIII · Guardians And Trustees
- 109 Bond by Guardian or Trustee; Power of Attorney
- 110 Requirements for Inventory and Supplemental Inventory
- 111 Appraisal
- 112 [Deleted]
- 113 Application to Sell Real Estate of a Person with a Disability Deadlines
- 114 Timing of Accountings Deadlines
- 115 Interested Party may Require Accounting
- 116 Requirements for Fiduciary Accountings
- 118 Additional Requirements Upon Filing Account
- 119 Notice to Beneficiaries Upon Filing of an Account Deadlines
- 120 Duties of Register as to Accounts Filed
- 121 Objection by Person not Notified of Filing of an Account
- 122 When Account to be Presented to Court for Approval Deadlines
- 123 Exceptions to an Account Deadlines
- 124 Procedure on Hearing Exceptions to Account
- 125 Testimony on Hearing Exceptions to Account
- 126 Guardian or Trustee may be Examined
- 127 Account may be Referred to Magistrate in Chancery; Procedure
- 128 Procedure by Court on Magistrate in Chancery's Report as to Account
- 129 Effect of Court Approval of Account
- 130 [Deleted]
- 131 Fee-for-Service Guardians
- 132 Fiduciary Commissions Deadlines
- 132A Fiduciary Compensation for Individual Guardians
- 133 Appointment and Duties of Successor Guardian or Trustee
- 134 Foreign Trusts
- 134.1 Business Trusts
Chapter XIV · Magistrates In Chancery
- 135 Appointment; Removal
- 136 Duties and Powers
- 137 Witnesses; Documents
- 138 Proceedings to be Transcribed
- 139 Objections to Testimony; Hearing Thereon
- 140 Persons Who May be Examined; Burden of Proof on Exceptions to Claim
- 141 Time for Taking Testimony
- 142 Limiting Time for Taking Testimony
- 143 Standing Magistrates in Chancery
- 144 Magistrate in Chancery Reports Deadlines
- 145 Inspection of Documents
- 146 Receivership Claims Filed with Register
- 147 Accounts; Filing of Exceptions and Examining Parties
Chapter XIX · Probate Procedures
- 187 Effective Date
- 188 Representation and Admittance
- 189 Filing Petition Prior to Proof of Will
- 190 Appearance of Personal Representative
- 191 Presentation of Claims Against an Estate to the Register of Wills
- 192 Commissions and Fees
- 193 Prohibited Compensation
- 194 Accounting Filed with Register of Wills; Notice to Beneficiaries; Waiver and Consent; Duties of Register with Respect to Accounting Deadlines
- 195 When Accounting to be Presented to Court for Approval Deadlines
- 196 Effect of Court Approval of Account
- 197 Exceptions to an Inventory or Accounting Deadlines
- 198 Procedure on Hearing of Exceptions
- 199 Inventory and Account may be Referred to Magistrate in Chancery: Procedure
- 200 Procedure by Court on Magistrate in Chancery's Report
- 201 Personal Representative
- 202 Testimony on Hearing of Exceptions
- 203 Sureties
- 204 Court Costs
- 205 Probate Procedure Not Specified
- 206 Petition for Adjudication of Presumed Death
- 207 Petitions Regarding Estates and Trusts
Chapter XV · Receiverships; Receivers And
- 148 Applicable Rules
- 149 Appointment on Verified Complaint; Receiver Pendente Lite
- 150 Nonresident
- 151 Duties After Appointment Deadlines
- 152 Depository for Receivership Money
- 153 Receiver to Notify Creditors Deadlines
- 154 Contents of Creditors' Claims Deadlines
- 155 When Creditor may Withdraw Original Instrument
- 156 Exceptions to Creditors' Claims Deadlines
- 157 Testimony at Hearing on Exceptions
- 158 Sale of Assets; Notice to Creditors and Stockholders Deadlines
- 159 Rights of Lienholder Upon Purchase of Asset
- 160 Requiring Corporate Officer or Agent to Make Disclosure
- 161 Duty to File Reports Deadlines
- 162 Contents of Accounts; Duty of Register
- 163 Register: Duty When Receiver in Default
- 164 Petition for Allowances
- 165 Notice of Filing of Account or Petition for Allowances
- 166 Exceptions to Account or Petition of Allowances; Register's Duty
- 167 Final Account; Allowances; Distribution
- 168 Discharge
Chapter XVI · Judicial Ethics, Attorneys, Etc
Chapter XVII · Guardians For Persons With
- 175 Petition for Appointment of Guardian for Adult with an Alleged Disability Deadlines
- 176 Attorney Ad Litem; Court Representative Deadlines
- 177 Hearings; Notice; Proof of Service Deadlines
- 178 Petition to Exercise Powers Not Granted by Subchapter II of Chapter 39 of Title 12 of the Delaware Code or by the Court Deadlines
- 178A Petition for Instructions Regarding Withholding or Withdrawing Life-Sustaining Procedures Deadlines
- 178B Unsworn Declarations in Civil Miscellaneous Matters
- 179 Property Subject of Specific Devise or Bequest
- 180 Guardian of Property of a Minor Deadlines
Chapter XVIII · Miscellaneous Provisions
- 181 Hearing on Application for Temporary Relief in Separate Maintenance Cases Deadlines
- 182 Sale of Land to Pay Debts; Debts of a Decedent
- 183 Partition Deadlines
- 184 Appeals from Registers of Wills and Exceptions to Accounts Deadlines
- 185 Complaint for Involuntary Sterilization
- 186 Receiver for Minor
- 186.1 Appointment of Guardian Ad Litem in Trust Matters Deadlines