Delaware Chancery Court actions are commenced by filing a complaint or, for certain actions designated by statute, a petition or statement of claim, with the Register in Chancery. Del. Ch. Ct. R. 3 (a)(1).
Except when otherwise provided by statute or rule, pleadings need not be verified or accompanied by affidavit. Del. Ch. Ct. R. 11 (a).
Pleadings that are required by statute or rule to be verified must contain an oath or affirmation from the filing party that the matters alleged in the pleading are true to the filer's knowledge or belief. Pleadings by corporations that are required to be verified must be under the seal of the corporation and contain an oath or affirmation from the chair or vice-chair of the board of directors, or from the president, vice-president, secretary, assistant secretary, treasurer, or an authorized agent. Del. Ch. Ct. R. 3 (aa).
All complaints, counterclaims, cross-claims and third-party complaints, and any amendments thereto, must be verified by each of the parties filing such pleading. Del. Ch. Ct. R. 3 (aa).
Only these pleadings are permitted:
An answer to a complaint;
Pleadings will be construed so as to do substantial justice. Del. Ch. Ct. R. 8(f).
On a motion to strike or on the court's own initiative, the court may order that any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter be stricken from any pleading. A motion to strike must be filed before responding to a pleading or, if no responsive pleading is permitted, the motion must be made within twenty (20) days after service of the pleading. The court may strike impermissible matters on its own motion at any time. Del. Ch. Ct. R. 12(f).
Who Should be Joined to Action
A person should be joined as a party to an action if he is subject to service of process, his joinder will not deprive the court of subject-matter jurisdiction, and:
1. Complete relief cannot be accorded among the parties in such person's absence; or
It is not necessary to allege the capacity of a party to sue or be sued either individually or in a representative capacity. It is also not necessary to allege the legal existence of an organized association of persons made a party to the action. Any issue as to a party's legal existence or capacity to sue or be sued must be raised by specific negative averment that includes supporting particulars that are within the pleader's knowledge. Del. Ch. Ct. R. 9(a).
Fraud and Mistake
Prerequisites to Class Action
One or more members of a class may sue or be sued as representative parties on behalf of all members of the class only if:
1. The class is so numerous that joinder of all members is impracticable;
Allegations Required in Shareholder Derivative Action
In any shareholder or member derivative action brought to enforce the rights of a corporation or unincorporated association, the complaint must allege that the plaintiff was a shareholder or member at the time of the transaction complained of or that the plaintiff's share or membership thereafter devolved on the plaintiff by operation of law. The complaint also must allege with particularity any efforts made by the plaintiff to obtain the desired action from the directors or comparable authority as well as the reasons for the plaintiff's failure to obtain the action or for not making such effort. Del. Ch. Ct. R. 23.1(a) (amended eff 1/1/07).
Affidavit of Representative Plaintiff
The members of an unincorporated association may maintain an action brought as a class only if it appears that the representative parties will protect the interests of the association and its members fairly and adequately. Del. Ch. Ct. R. 23.2.
Except when otherwise provided by statute or rule, pleadings need not be verified or accompanied by affidavit. Del. Ch. Ct. R. 11 (a).
Pleadings that are required by statute or rule to be verified must contain an oath or affirmation from the filing party that the matters alleged in the pleading are true to the filer's knowledge or belief. Pleadings by corporations that are required to be verified must be under the seal of the corporation and contain an oath or affirmation from the chair or vice-chair of the board of directors, or from the president, vice-president, secretary, assistant secretary, treasurer, or an authorized agent. Del. Ch. Ct. R. 3 (aa).
All complaints, counterclaims, cross-claims and third-party complaints, and any amendments thereto, must be verified by each of the parties filing such pleading. Del. Ch. Ct. R. 3 (aa).
Every complaint must contain a caption that includes:
1. The name of the court;
2. The title of the action that includes the names of all the parties;
The complaint must be divided into numbered paragraphs, and each paragraph must be limited to a single set of circumstances to the extent practicable. A party may refer to any paragraph by its number in all subsequent pleadings. Del. Ch. Ct. R. 10(b) (amended eff 4/1/14)
Each claim arising from a separate transaction or occurrence must be stated in a separate count to the extent that doing so facilitates the clear presentation of the matters set forth in the complaint. Del. Ch. Ct. R. 10(b) (amended eff 4/1/14)
All answer to complaints, counterclaims and cross-claims must repeat the allegations of the pleading to which it is responding and then set forth the response below each such allegation. Del. Ch. Ct. R. 10(b) (amended eff 4/1/14)
A copy of any written instrument that is an exhibit to a pleading is a part thereof for all purposes. Del. Ch. Ct. R. 10(c) (amended eff 4/1/14)
Pleadings must be produced on opaque, unglazed white, 8 ½" x 11" paper , must have double spacing between each line of text, except for quotations and footnotes, and margins of not less than 1 inch on all sides, and use Times New Roman 14-point typeface. Pleadings that are materially defaced by erasures or interlineations will not be accepted by the Register in Chancery without a court order. Del. Ch. Ct. R. 10(d) (amended eff 4/1/14)
Every pleading must be signed by at least one attorney of record or, if the party is not represented by an attorney, by the party himself. The signer shall include his address and telephone number. Unsigned pleadings shall be stricken, unless the omission is corrected promptly after notice thereof. Del. Ch. Ct. R. 11(a). By signing a pleading, the signer certifies that to the best of the signer's knowledge and belief formed after reasonable inquiry:
1. The information in the pleading is correct;
2. The pleading is not presented to harass, cause unnecessary delay, or increase the cost of the litigation;
Paragraphs in a pleading may be referred to by their number elsewhere in all succeeding pleadings. Del. Ch. Ct. R. 10(b) (amended eff 4/1/14)
Statements in a pleading may be adopted by reference elsewhere in that pleading or in any other pleading or motion. Del. Ch. Ct. R. 10(c) (amended eff 4/1/14)
See Delaware Court of Chancery SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
At the time of filing, the complaint must be accompanied by a covering sheet in a form approved by the court. (3)(a)(2). The approved form is available on-line at: https://courts.delaware.gov/forms/list.aspx?ag=court%20of%20chancery.
Search for "Supplemental Information Form."
Upon commencement of the action, the plaintiff must prepare a summons and present it to the Register in Chancery. If the summons is in proper form, the Register in Chancery shall sign, seal, and issue it to the plaintiff for service on the defendant. Copies shall also be issued for service to multiple defendants. Del. Ch. Ct. R. 4(a).
The summons must include:
1. The signature of the Register in Chancery;
A party may file a motion alleging that another party has violated the certification provisions of Rule 11(b). Such motion must describe the specific conduct that the movant alleges violated Rule 11(b). The movant must serve the motion on the other party; however, the movant may not file the motion with the court unless, within twenty-one (21) days after the other party was served with the motion, the challenged paper, claim, defense, contention, allegation, or denial has not been withdrawn or appropriately corrected. If the court finds that Rule 11(b) has been violated, it will impose appropriate monetary or nonmonetary sanctions on the attorneys, law firms, or parties responsible for the violation. The court may also award the prevailing party its expenses in bringing or opposing the motion. Del. Ch. Ct. R. 11(c)(1)(A).
Every civil action in the Court of Chancery, whether already pending or newly filed, is subject to electronic filing. Del. Ch. Ct. R. 79.1 (amended eff 1/1/16).
Administrative procedures for eFiling are available online.
See also Delaware Court of Chancery SmartRules™ procedural guide: FILING DOCUMENTS.
Chancery Court filing fees vary based on the type of action and number of defendants and are listed in the rules. Del. Ch. Ct. R. 3 (bb).
A schedule of filing fees is also available on the court's Fees and Filings for the Delaware Judicial Branch page.
The Register in Chancery will not accept any document for filing until a non-refundable deposit for fees and costs has been made. Del. Ch. Ct. R. 3 (b).
Sufficient copies of the complaint must be filed so that one (1) copy is available to be served on each defendant. Del. Ch. Ct. R. 3 (a)(1).
Upon commencement of an action, the Register in Chancery shall issue a summons and deliver it for service to the sheriff or coroner of the appropriate county, or to a person specially appointed to serve it. Del. Ch. Ct. R. 4(a). For more information on service of the complaint and summons, see Delaware Court of Chancery SmartRules™ procedural guide: SERVICE OF PROCESS.
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