Rule 40. Call of Calendar, Duty of Register; Continuances

(a) Calendar Call; Each County; Time. Each year on the first Monday of March in Kent and Sussex Counties and on the second Monday of April in New Castle County, at such times as the Court shall fix, the Judges of the Court of Chancery shall call the calendar of all pending cases. The Court may by special order fix different or additional dates for such purpose. The Register shall prepare a list of all cases pending 60 or more days prior to the time fixed for the call of the calendar, and at least 10 days prior thereto shall cause a copy of the list to be mailed to each attorney of record in such cases; alternatively, the register may mail to each attorney of record in such cases notice that the list has been prepared and is available for distribution in the office of the Register. The list shall state the time and place of the calling of the calendar and shall indicate that the call is primarily for the purpose of determining whether there has been any undue delay in connection with pending matters. The call is not for the purpose of fixing argument or hearing dates.

(b) Omitted.

(c) Attorneys to be Present at Calendar Call. At the call of the calendar the attorneys will be expected to be present and explain the status of the case and any apparently unusual delay. The Court will then take such action as is deemed to be in the best interest of the proper administration of justice.

(d) Continuance; Absence of Material Witness. Every motion for continuance upon the ground of the absence of or unavailability of a material witness shall be filed as soon as said absence or unavailability becomes known and shall be accompanied by an affidavit on behalf of the party applying therefor, setting forth the facts which the party expects to prove by such witness, the efforts made to procure the attendance of the witness, and the date when the absence or unavailability of the witness became known. If it be stipulated by the opposite party, that the witness if called would testify as set forth in the affidavit, the Court, in its discretion, may refuse the motion, and under such circumstances, the affidavit may be offered in evidence at the trial. History. Amended, effective Apr. 19, 1972.