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Part I — Scope Of Rules — Form Of Action

1 Scope and Purpose
2 One Form of Action

Part II — Commencement Of Action;

3 Commencing an Action; Related Deposits, Fees, and Charges
4 Process D
5 Service and Filing; Appearance and Withdrawal D
5.1 Public Access to Documents Filed with the Court in Civil Actions D
6 Computing and Extending Time D

Part 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 D
12 Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing D
13 Counterclaim and Crossclaim
14 Third-Party Practice D
15 Amended and Supplemental Pleadings D
16 Pretrial Procedure; Formulating Issues D

Part IV — Parties

17 Real Party in Interest; Capacity; Public Officers D
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 D
23.1 Derivative Actions for Entities with Separate Legal Existence D
23.2 Actions on Behalf of or Against the Members of an Association Without Separate Legal Existence D
24 Intervention
25 Substitution of Parties D

Part IX — Appeals

72 Appeals, Certifications and Mandates

Part 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 D
31 Depositions Upon Written Questions D
32 Use of Depositions in Court Proceedings D
33 Interrogatories to Parties D
34 Production of Documents, Electronically Stored Information, and Tangible Things and Entry Upon Land for Inspection and Other Purposes D
35 Physical and Mental Examination of Persons
36 Requests for Admission D
37 Failure to Make Discovery: Sanctions

Part VI — Trials

40 Call of Calendar, Duty of Register; Continuances D
41 Dismissal of Actions D
42 Consolidations: Separate Trials
43 Evidence
44 Proof of Official Record
44.1 Determination of Foreign Law
45 Subpoena D
46 Exceptions Unnecessary
53 Magistrates in Chancery

Part VII — Judgment

54 Judgment; Costs
55 Default Judgments D
56 Summary Judgment D
57 Declaratory Judgments
58 Entry of Judgment
59 New Trials D
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

Part VIII — Provisional And Final Remedies

64 Seizure of Persons or Property
65 Injunctions D
65.1 Security: Proceedings Against Sureties
66 Receivers
67 Depositing Money in Court
69 Execution Writ for Payment of Money
70 Judgment for Specific Acts; Vesting Title; Contempt
71 Process on Behalf of and Against Persons Not Parties

Part X — The Court Of Chancery; Register

77 Court of Chancery; Duties of Register in Chancery; Records and Exhibits D
79 The Docket

Part XI — General Provisions

80 Court of Chancery Seal
81 Applicability in Special Proceedings D
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 D
88 Allowance for Fees, Expenses and Services
89 Bonds of Fiduciaries
90 Access to Documents Filed with the Court in Civil Miscellaneous Actions D

Part XI-A — Technology Disputes

91 Technology Disputes Arising at Law
92 Consent to Litigate

Part XI-B — Rules Governing Private

93 Scope of Rules
94 Commencement of Mediation D
95 Mediation Conference
96 Appointment of Arbitrator Under Delaware Rapid Arbitration Act D
97 Special Proceedings Under Delaware Rapid Arbitration Act D

Part 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

Part 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 D
114 Timing of Accountings D
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 D
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 D
123 Exceptions to an Account D
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 D
132A Fiduciary Compensation for Individual Guardians
133 Appointment and Duties of Successor Guardian or Trustee
134 Foreign Trusts
134.1 Business Trusts

Part 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 D
145 Inspection of Documents
146 Receivership Claims Filed with Register
147 Accounts; Filing of Exceptions and Examining Parties

Part 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 D
195 When Accounting to be Presented to Court for Approval D
196 Effect of Court Approval of Account
197 Exceptions to an Inventory or Accounting D
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

Part XV — Receiverships; Receivers And

148 Applicable Rules
149 Appointment on Verified Complaint; Receiver Pendente Lite
150 Nonresident
151 Duties After Appointment D
152 Depository for Receivership Money
153 Receiver to Notify Creditors D
154 Contents of Creditors' Claims D
155 When Creditor may Withdraw Original Instrument
156 Exceptions to Creditors' Claims D
157 Testimony at Hearing on Exceptions
158 Sale of Assets; Notice to Creditors and Stockholders D
159 Rights of Lienholder Upon Purchase of Asset
160 Requiring Corporate Officer or Agent to Make Disclosure
161 Duty to File Reports D
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

Part XVI — Judicial Ethics, Attorneys, Etc

169 Canons of Judicial Ethics
170 Attorneys D
171 Briefs
171A CD-ROM Briefs D
172 Sureties
173 Application for Argument or Trial; Procedure; Emergency Applications
174 Mediation D

Part XVII — Guardians For Persons With

175 Petition for Appointment of Guardian for Adult with an Alleged Disability D
176 Attorney Ad Litem; Court Representative D
177 Hearings; Notice; Proof of Service D
178 Petition to Exercise Powers Not Granted by Subchapter II of Chapter 39 of Title 12 of the Delaware Code or by the Court D
178A Petition for Instructions Regarding Withholding or Withdrawing Life-Sustaining Procedures D
178B Unsworn Declarations in Civil Miscellaneous Matters
179 Property Subject of Specific Devise or Bequest
180 Guardian of Property of a Minor D

Part XVIII — Miscellaneous Provisions

181 Hearing on Application for Temporary Relief in Separate Maintenance Cases D
182 Sale of Land to Pay Debts; Debts of a Decedent
183 Partition D
184 Appeals from Registers of Wills and Exceptions to Accounts D
185 Complaint for Involuntary Sterilization
186 Receiver for Minor
186.1 Appointment of Guardian Ad Litem in Trust Matters D

Delaware Search About

Court of Chancery Rules

Chapter XII · Proceedings To Modify Trusts

Rule 108. Discharge of Trustee Upon Recovery of Sanity

Amended 2025 (current)

Omitted, effective Apr. 1, 2003.

Source: Del. Ch. Ct. R. 108 (pdf p. 143)

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