Rule 3. Commencing an Action; Related Deposits, Fees, and Charges

(a) Complaint. A civil action is commenced by filing a complaint with the Register in Chancery.

(b) Supplemental Information Sheet. Each complaint must be accompanied by a completed supplemental information sheet in the form adopted by the Court.

(c) Verification.

(1) The following papers must be verified:

(A) complaints;

(B) counterclaims;

(C) crossclaims;

(D) third-party complaints; and

(E) amendments or supplements to those pleadings.

(2) Each party filing the paper must verify under oath or by affirmation that the matter contained in the paper is true and correct to the best of the party's knowledge, information, and belief. An authorized person must verify a paper filed by an entity or association.

(d) Deposits for Fees and Charges.

(1) Initial Nonrefundable Deposit and Use .

(A) To commence an action, a party must pay an initial nonrefundable deposit, except in matters:

(i) concerning a trust;

(ii) concerning a guardianship;

(iii) for partition;

(iv) for a decree of distribution;

(v) to sell real property to pay debts;

(vi) for instructions;

(vii) for an adjudication of presumed death;

(viii) for an order disposing of remains;

(ix) for elective share;

(x) to admit a will to probate;

(xi) for a rule to show cause to compel return of assets; and

(xii) for a distribution order to discharge estate debt.

(B) The initial nonrefundable deposit is in addition to any other fees or charges due to commence the case.

(C) The Register in Chancery will apply the initial deposit to satisfy fees or charges for the plaintiff's filings after the initial filings in the case.

(2) Additional Deposit and Use . If the initial nonrefundable deposit is exhausted, a party may be required to pay an additional deposit before performing any additional services. The Register in Chancery will use the additional deposit to satisfy fees or charges for filings.

(3) Sequestration Deposit . In an action seeking a sequestration order, a party must pay an additional deposit. The Register in Chancery will set aside part of the additional deposit to pay the sequestrator any Court-ordered fee.

(4) The Register in Chancery will refund any balance from an additional or sequestration deposit remaining at the end of the case.

(e) Schedule of Deposits, Fees, and Charges. The Register in Chancery will assess the deposits, fees, and charges identified in a schedule published by the Register in Chancery.

(f) Modifications. The Register in Chancery may determine any deposits, fees, or charges for services not specified in the Schedule of Deposits, Fees, and Charges. The Register in Chancery may increase or decrease any deposit, fee, or charge for good cause in a particular case.

(g) Additional Fees. In addition to any other deposits, fees, and charges, a party must pay:

(1) a technology surcharge for each filing; and

(2) a supplemental court security fee for each initial civil filing, to be deposited in the Court Security Fund, pursuant to 10 Del. C. § 8505.

(h) Security for Costs Incurred by Non-Resident Plaintiffs. A non-Delaware resident may be required to post security for costs.

(i) Exemptions. The following parties are exempt from paying fees and charges:

(1) the Attorney General or the Department of Justice;

(2) the Insurance Commissioner;

(3) the Human Relations Commission;

(4) the Office of the Public Guardian; or

(5) any party the Court determines to be unable to pay the fees and charges. History. Amended, effective July 1, 1977; Apr. 2, 1984; Nov. 1, 1987; June 1, 1992; Jan. 1, 2002; Aug. 23, 2002, effective Sept. 1, 2002; Mar. 10, 2003; June 21, 2005, effective July 1, 2005; Jan. 4, 2006, effective Jan. 1, 2006; Dec. 20, 2006, effective Jan. 1, 2007; Oct. 15, 2007, effective Dec. 1, 2007; Dec. 31, 2008, effective Mar. 2, 2009; June 4, 2009, effective Aug. 1, 2009; Feb. 20, 2012, effective Apr. 1, 2012; Dec. 15, 2014, effective Jan. 1, 2015; Aug. 24, 2015, effective Sept. 1, 2015; Apr. 23, 2018, effective July 1, 2018; July 19, 2018, effective Aug. 15, 2018; effective July 18, 2023; May 31, 2024, effective June 14, 2024.