Rule 77. Court of Chancery; Duties of Register in Chancery; Records and Exhibits

(a) Court of Chancery Always Open. The Court of Chancery shall be deemed always open for the purpose of the transaction of business. The Court may in chambers and in vacation make any order, including a final order.

(b) Omitted.

(c) Orders Grantable as a Matter of Course by the Register in Chancery. The Register in Chancery is authorized to sign and enter the following orders without further direction by the Court: Orders on stipulations extending the time period prescribed for action by Rules 12(a), 33(a) and 36(a) of this Court, and orders on stipulations under Rules 15, 34 and 35. Any order entered by the Clerk under this rule may be vacated or modified by the Court for cause shown.

(d) Notice of Orders of Judgments. Immediately upon the entry of an order of judgment, the Register in Chancery shall serve a notice of the entry by mail in the manner provided for in Rule 5 upon each party who is not in default for failure to appear, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by these Rules; but any party may in addition serve a notice of such entry in the manner provided in Rule 5 for the service of papers. Lack of notice of the entry by the Register in Chancery does not affect the time to appeal or relieve or authorize the Court to relieve a party for failure to appeal within the time allowed.

(e) Duties of Register in Chancery:

(1) Court Attendance . The Register in Chancery, a Deputy or Clerk shall attend the Court in person.

(2) Notice of Amendment of Rules . The Register in Chancery shall give to all members of the Bar of this Court notice of any amendment to these Rules within 10 days from the adoption thereof.

(f) Records and Exhibits.

(1) Custody . The Register in Chancery shall have custody of the records and papers of the Court. The Register in Chancery shall not permit any original record, paper or exhibit to be taken from the courtroom or from the Register in Chancery's office except at the direction of the Court or as provided by statute or by these Rules.

(2) Removal of Exhibits . Exhibits shall not be removed prior to the time provided in these Rules except on motion or stipulation and order of the Court.

(3) Disposition of Exhibits . After the final determination of a cause by the Court and the expiration of the period for obtaining a writ of appeal, if no writ of appeal has been sued out, all exhibits shall be removed by the party who introduced them. If not so removed, the Register in Chancery shall notify the parties by mail to remove them forthwith; and if they are not removed within 15 days from the date of mailing said notice, the Register in Chancery may obtain an order of the Court for their disposition.

(g) Opinions to be Dated. Each written opinion (including letter opinions) shall bear 2 dates immediately under the caption of the case:

(1) The date of the last oral argument, or brief filed, or other final submission of the case for decision; and

(2) The date of the filing of the opinion or order. History. Amended, effective July 1, 1974; July 28, 1978; March 31, 1999, effective June 1, 1999.