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Delaware Superior Court Civil Rules, Rules 124-133, Rules Governing Civil Actions Subject to Summary Proceedings for Commercial Disputes.
Chancery Court Rules especially R. 23, class action.
Class action rules, see also: S.Ct.Civ. Pro. R. 23; Common Pleas Ct.Civ.R. 23; Justice of the Peace Ct.Cv.R. 23.
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Court of Chancery opinions. See also In re: Asbestos Litigation, Del. Super., 623 A.2d 546, 548 (1992); master's decision on pre-trial, non-dispositive issues is subject to review under the clearly erroneous test.
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Summary Proceedings for Commercial Disputes Panel Order.
Court of Chancery (see orders amending rules, right-hand column).
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Interlocutory orders of the trial court may be reviewed in the appellate court by filing a motion for leave of appeal. See S.Ct.R. 42, interlocutory appeals.
Appeals from interlocutory order, judgment or decree of chancery or superior court to supreme court must be filed within 30 days after entry. 10-143.
Pursuant to a monthly rotation, a member of the state supreme court is designated Motion Justice to consider and initially review all motions, interlocutory appeals, certifications of questions of law certificates of reasonable doubt, original writs, requests for advisory opinions, and appeals from the decisions of the Board on Professional Responsibility, Board on the Unauthorized Practice of Law, and Board of Bar Examiners. S.Ct.R. 3, powers of individual justices.
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The Delaware Court of Chancery is one of the oldest and most widely recognized forums for the determination of disputes involving Delaware corporations and other business entities.
Business disputes where one party is a business entity formed or having its principal place of business in Delaware, where no party is a consumer, are eligible for the voluntary Mediation Only Program. In these disputes there is no pre-existing pending action. For disputes involving solely a claim for money damages, the amount in controversy must exceed $1 million. Technology disputes are also eligible. Authority governing the program are 10 Del. C. § 347, and Rules 93-95.
Mediation may also occur voluntarily in the chancery court pursuant to R. 174. Such cases are ongoing and pending in the court of chancery. Both parties must consent to the mediation in these cases and in the Mediation Only Program, and local counsel must be present and prepared to participate in a meaningful way.
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Summary proceedings for commercial disputes are available. In superior court, certain rules for major commercial cases have been adopted. Under the summary proceedings rules parties agree to limit discovery, waive the right to jury trial, and waive punitive damages. The proceedings are assigned by the President Judge among a panel of judges with experience hearing such cases. Eligible cases must have the amount in controversy be at least $100,000 as to one party; one party must be a citizen, corporation, or other business entity of Delaware; all parties must agree as to the matter being tried; the claim at issue must be contractual or commercial in nature. Discovery is limited to ten interrogatories and requests for admission; depositions are limited only to the opposing party's witness and affiants, plus an additional four persons. Parties must, early on, identify the documents on which they intend to rely. Depositions must be completed within 120 days from service of the last answer and all discovery must be completed within 180 days of service of the last answer. No motions for summary judgment are permitted. Trial occurs within 30-60 days of the close of discovery and lasts no longer than five days. See administrative orders.
Electronic case filing started in 1991, when Superior Court in Wilmington used the system to track of asbestos-related case documents.
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CD-ROM briefs and appendices: Civil Rule 107(h) allows parties to file briefs and appendices with the court on hyperlinked CD-ROM disks. Identical copies of any brief and exhibits may be filed on CD-ROM unless otherwise ordered by the court.
E-filing: Civil Rule 79.1 governs. Superior court e-filing for all new non-arbitration complaint cases began October 6, 2003. See also e-filing administrative directives.
The eLitigation Technology in Superior Court page includes information on eCourtrooms, eFiling and docketing, and available hardware and software.
Electronic case filing started in 1991, when Superior Court in Wilmington used the system to track of asbestos-related case documents.
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