Service and Filing; Appearance and

Withdrawal (a) Service: When Required. (1) In General. Unless these rules or the Court provides otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint; (C) a discovery paper required to be served on a party; (D) a written motion, brief, or letter—except one that may be heard ex parte; and (E) a written notice, appearance, demand, or any similar paper. (2) For a Party in Default. No service is required on a party in default. But a pleading that asserts a new claim for relief against a party in default must be served on that party under Rule 4. (3) Following the Seizing of Property. If service of process was accomplished by seizing property, any service under this rule before the filing of an appearance must be made on the person who had custody, possession, or control of the property when it was seized. (b) Service: How Made. (1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless a statute or the Court requires service on the party. Service on an attorney has the same effect as service made on the party represented by that attorney. (2) Service in General. A paper is served under this rule by: (A) serving it electronically; (B) handing it to the person; (C) leaving it: (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; (D) mailing it to the person’s last-known address— in which event service is complete upon mailing; (E) leaving it with the Register in Chancery if the person has no known address; and (F) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery. (c) Filing. (1) In General. Except for discovery requests and responses or as directed by the Court, any paper after the original complaint that is required to be served must be filed with the Court. (2) Method of Filing. (A) Any paper required to be filed with the Court must be filed electronically, unless the Court otherwise directs. All filings must comply with any administrative procedures for electronic filing that the Chancellor establishes. (B) A self-represented party may deliver a paper for filing to the Register in Chancery with the required filing fee. For determining timeliness, the paper is deemed filed when delivered to the Register in Chancery for filing. (3) Discovery. (A) The following discovery requests and any responses to them must not be filed with the Court: documents, interrogatories; electronically stored information, or tangible things, or to permit entry onto land; physical or mental for examinations of persons; and admission. requests requests for (B) A party requesting or responding to discovery or furnishing an expert report must file with the Court a notice of service containing the following information: (i) a certification that the paper was served; (ii) the person on which service was made; and (iii) the date and manner of service. is request response (C) If a served or electronically, then the electronically served version constitutes the original for purposes of these rules. Otherwise, the party serving the request or response must retain the original and becomes its custodian. If a Delaware attorney has appeared, then a Delaware attorney must be the custodian. (D) If a discovery request or response is used in the proceeding—or if the Court orders—then the request or response, or a relevant portion, must be filed with the Court. (E) Depositions need not be filed with the Court. But if used in the proceeding—or if the Court orders—then the deposition transcript, or a relevant portion, must be filed with the Court. (4) Documents Used at Hearings or Trials. Unless otherwise ordered by the Court, a party must file: (A) any presentation used at a hearing within 10 days after the hearing; and (B) its testifying expert reports and demonstrative exhibits within 10 days after the conclusion of the trial or hearing where the expert testifies or the report is used. (d) Deadlines for Electronic Service and Filing. To be served or filed on the date of its service or filing: (1) an original complaint or a notice of appeal must be filed by midnight; (2) any paper in a summary proceeding or an action that the Court has ordered expedited must be served or filed by midnight; and (3) any other paper in any other action must be served or filed by 5:00 p.m. (e) Unsuccessful Electronic Service or Filing. The Court may deem, upon satisfactory proof, that a paper was served or filed on the date of the first attempt at electronic service or filing if the first attempt was unsuccessful due to: (1) an error in the transmission of the paper to the electronic filing system that the filer did not know about or could not resolve; (2) a failure by the electronic filing system to process the paper; (3) rejection by the Register in Chancery; or (4) other technical problems. (f) Certificate of Service. No certificate of service is required when a paper is served on a person electronically. But if a person serves a paper other than electronically, then the person must file an affidavit or attorney certification showing that and how service has been made. (g) Submission of Documents for In Camera Review. If a person submits a document to the Court for in camera review, then the person must file a letter noting the submission. (h) Notice by Publication. The Court may make an appropriate order when a statute, rule, or Court order requires notice of publication within the State. (i) Appearances. (1) Appearance of Defendants. Unless a statute provides otherwise, a defendant may appear even if process has not been served on that defendant. (2) Appearance of Counsel. (A) Counsel may appear by filing: (i) notice of the appearance; or (ii) a motion or pleading purporting to respond to the complaint. (B) An appearance of counsel must bear the name of an individual attorney—not just a firm’s name. (C) A Delaware attorney may withdraw an appearance by notice—and without obtaining the Court’s permission—if another Delaware attorney from the same law firm continues to appear as an attorney of record for the party or if the attorney’s client is no longer or does not become a party. Otherwise, withdrawing an appearance requires Court approval. (j) Electronic Filing System. (1) No one who has been issued credentials on the Court’s electronic filing system may allow another person to use those credentials for filing papers. (2) A filing on the Court’s electronic filing system must be made or authorized by a Delaware attorney or by a party, if unrepresented. (k) Personally Identifying Information. Unless otherwise ordered by the Court, parties must not include— or must redact where inclusion is unavoidable—the following personal identifiers in papers filed with the Court: (1) social security numbers; (2) names of minor children; (3) dates of birth; and (4) complete financial account numbers. History. Amended, effective July 1, 1974; Nov. 1, 1987; Sept. 1, 1990; Apr. 7, 1992; March 31, 1999, effective June 1, 1999; effective July 1, 2005; Jan. 4, 2006, effective Feb. 1, 2006; Dec. 20, 2006, effective Jan. 1, 2007; Nov. 5, 2012, effective Jan. 1, 2013; Dec. 15, 2014, effective Jan. 1, 2015; May 31, 2024, effective June 14, 2024. Rule 5.1. Public Access to Documents Filed with the Court in Civil Actions (a) General Principles of Public Access. (1) Court proceedings are matters of public record. (2) Trials, hearings, and conferences are open to the public, unless the Court orders otherwise. (3) Papers filed with the Register in Chancery (“Filed Documents”) must be available to the public, except as provided in this rule. (4) Rule 5.1 does not apply to materials exchanged during discovery that do not become Filed Documents. The Court may enter orders establishing protections for those materials. (5) If necessary to rule on confidential or privileged material, the Court may review materials in chambers, without subjecting that material to public access. (6) The Court maintains a separate docket—the civil miscellaneous docket—for civil actions involving sensitive matters such as guardianships and trusts. This rule does not apply to the civil miscellaneous docket. (b) Confidential Information. (1) Public access to a Filed Document may be limited only if the Filed Document contains Confidential Information. (2) “Confidential Information” means information: (A) that is maintained confidentially; (B) that is not otherwise publicly available; (C) where public access to the information will cause particularized harm; and (D) where the magnitude of the harm from public access to the information outweighs the public interest in the information. (3) Confidential Information includes: (A) trade secrets; (B) sensitive personal information such as medical records; and (C) personally identifying information such as social security numbers, complete financial account numbers, dates of birth, and the names of minor children, which the filer should omit or redact under Rule 5(k). (c) Confidential Filings. (1) The Register in Chancery must maintain a docket system that permits a Filed Document containing Confidential Information to be filed confidentially (a “Confidential Filing”). (A) The docket system must allow the Court to restrict access to a Confidential Filing to the Court, the filer, persons served with the Confidential Filing, and persons otherwise given access to the Confidential Filing by Court order. (B) The docket system must provide public access to the title of the Confidential Filing, the identity of the filer, the persons served, and any order giving other persons access to the Confidential Filing. (2) Every Confidential Filing must have a cover page that contains only the following information: (A) The caption of the action, the title of the Confidential Filing, and the following statement: YOU ARE IN POSSESSION OF A CONFIDENTIAL FILING FROM THE COURT OF CHANCERY OF THE STATE OF DELAWARE If you are not authorized to view this document under Rule 5.1 or by Court Order, read no further than this page and contact the following person: [Filer’s Name] [Filer’s Firm] [Filer’s Address] [Filer’s Telephone Number] (B) The following additional statement, if a public version must be filed: A public version of this document will be filed on or before [DATE]. (3) Except for voluminous exhibits, every page of a Confidential Filing must have a footer stating: THIS DOCUMENT IS A CONFIDENTIAL FILING. ACCESS IS PROHIBITED EXCEPT AS AUTHORIZED BY RULE 5.1 OR BY COURT ORDER. (d) Making a Confidential Filing. (1) A person may make a Confidential Filing if the person believes that the paper contains Confidential Information. (2) A person must make a Confidential Filing if the person believes that another person would contend that the paper contains Confidential Information. (3) By making a Confidential Filing, the filer certifies compliance with this rule. (e) Notice of Confidential Filing. (1) Obligation to Give Notice. After making a Confidential Filing, the filer must use best efforts to give notice to any person who has designated information in the Confidential Filing as Confidential Information or who the filer believes could have a legitimate interest in designating information in the filing as Confidential Information. (2) Notice to a Person Who Has Appeared. If the person has appeared, the filer must provide the notice to the person’s attorney or to the person, if unrepresented. (3) Notice to a Person Who Has Not Appeared. If the person has not appeared, the filer must attempt to provide actual notice. A filer may provide notice: (A) in accordance with the notice provision in any agreement giving rise to a confidentiality obligation governing the Confidential Information; (B) to the person at the person’s principal place of business; (C) to the person’s registered agent, if the person has a registered agent in this State; or (D) to an attorney who represents the person in connection with the Confidential Information, if the identity of that attorney is known to the filer. (4) Contents of the Notice. The notice must refer to this rule and include a proposed public version of each Confidential Filing for which a public version is required. The proposed public version may redact constitutes information Confidential Information or that the filer believes another person would contend constitutes Confidential Information. The notice must identify the date and time by which this rule requires the recipient of notice to identify any additional information for redaction. filer believes that the (5) Notice Not Filed. The notice is not filed with the Register in Chancery. (6) Designating Confidential Redaction in Response to Notice. Information for (A) Any recipient of notice may designate additional information for redaction if the person believes in good faith that the information qualifies as Confidential Information or that another person would contend that it qualifies as Confidential Information. (B) The recipient of notice must identify any additional information for redaction within the time period set by this rule. (C) A person designating information for redaction certifies compliance with this rule. (7) Timing of Notice and Designation of Confidential Information for Redaction. (A) When the Confidential Filing contains an original complaint, the filer should give notice contemporaneously with the Confidential Filing and must give notice not later than 3:00 p.m. on the next day. Any recipient must designate any additional information for redaction by 3:00 p.m. on the third day after the filing. (B) Otherwise, the filer should give notice contemporaneously with the Confidential Filing and must give notice not later than 3:00 p.m. two days after the filing. Any recipient must designate any additional information for redaction by 3:00 p.m. on the fifth day after the filing. (f) Filing a Public Version. (1) Public Version Required. A public version is required for every Confidential Filing, except for an exhibit or lodged deposition. (2) Timing of Public Version. The filer must file a public version of every Confidential Filing that was the subject of a Rule 5.1(e) notice the day after the deadline for designating additional information for redaction. The public version must contain the redactions in the proposed public version and any additional information designated for redaction in response to the notice unless the filer and a person receiving notice agree to make fewer redactions. (g) Challenging a Confidential Filing. (1) Right to Challenge. Any person may challenge the confidential treatment of a Confidential Filing. (2) The Challenge Notice. To the confidential treatment of a Confidential Filing, the challenger must file a challenge notice with the Register in Chancery. The challenge notice must identify each challenged Confidential Filing by docket number, Transaction ID, title, or other identifying information. challenge (3) Timing. Unless the Court orders otherwise, a challenge notice cannot be filed until ten days after the filing of the Confidential Filing. (4) If a Required Public Version Does Not Exist. If Rule 5.1(f)(1) required the filing of a timely public version of the challenged Confidential Filing, and if a public version of the challenged Confidential Filing was not filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly available. (5) If a Public Version Does Not Exist and Was Not Previously Required. If Rule 5.1(f)(1) did not require the filing of a public version of the challenged Confidential Filing and a public version does not exist, then the filer of the Confidential Filing must file a public version. The timely filing of a public version satisfies the challenge notice. The filer must follow the procedures in Rule 5.1(e) and Rule 5.1(f), except that: (A) the filer must give notice within five days after the filing of the challenge notice; and (B) any recipient of notice must designate any additional information for redaction within 10 days of the filing of the challenge notice. (6) If a Public Version Exists. If a public version of the challenged Confidential Filing has been filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly accessible unless a person timely moves for an order maintaining its confidential treatment. (A) Moving to Maintain Confidential Treatment. Any person seeking to maintain confidential treatment must move within five days after the filing of the challenge notice. The motion must be served on the challenger. (B) Opposing a Motion. Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion. If a timely opposition is not filed, the challenge is deemed withdrawn. (C) Further Proceedings. The Court will determine filings or proceedings are further whether warranted. (D) Burden of Persuasion. The person seeking to maintain confidential treatment bears the burden of persuading the Court that confidential treatment is warranted. (E) Fees and Expenses. The Court may award fees and expenses if the Court determines that the motion to maintain confidential treatment or the opposition lacked sufficient justification. (h) Expiration of Confidential Treatment. Unless the Court orders otherwise, confidential treatment expires three years after the final disposition of the action, and the Register in Chancery must make any Confidential Filing publicly accessible unless a person files a timely motion to extend confidential treatment. (1) Expiration Notice. At least 90 days before the expiration date, the Register in Chancery must file a notice on the docket advising the parties of the expiration of confidential treatment. (2) Moving to Extend Confidential Treatment. Any person may move to extend confidential treatment within 45 days after the filing of the expiration notice. (A) The movant must demonstrate that the particularized harm from public disclosure of the Confidential Filing clearly outweighs the public interest in access to Court records. The movant must provide evidentiary support for the particularized harm. (B) The Court will determine whether additional proceedings are warranted. (i) Rule 6(e) Inapplicable. The additional time after service by mail does not apply to this rule, regardless of the method of service. History. Added, Nov. 5, 2012, effective Jan. 1, 2013; May 31, 2024, effective June 14, 2024.