Bindinglaw

DE · rules

Del. Ch. Ct. R. 3

Commencing an Action; Related Deposits, Fees, and Charges

activein force · 2024-06-14 – presentact-effective-date

(a) Complaint. A civil action is commenced by filing a

complaint with the Register in Chancery.

(b) Supplemental Information Sheet. Each

complaint must be accompanied by a completed

supplemental information sheet in the form adopted by the

Court.

(c) Verification.

(1) The following papers must be verified:

(A) complaints;

(B) counterclaims;

(C) crossclaims;

(D) third-party complaints; and

(E) amendments or supplements to those

pleadings.

(2) Each party filing the paper must verify under oath

or by affirmation that the matter contained in the paper

is true and correct to the best of the party’s knowledge,

information, and belief. An authorized person must

verify a paper filed by an entity or association.

(d) Deposits for Fees and Charges.

(1) Initial Nonrefundable Deposit and Use.

(A) To commence an action, a party must pay an

initial nonrefundable deposit, except in matters:

(i) concerning a trust;

(ii) concerning a guardianship;

(iii) for partition;

(iv) for a decree of distribution;

(v) to sell real property to pay debts;

(vi) for instructions;

(vii) for an adjudication of presumed death;

(viii) for an order disposing of remains;

(ix) for elective share;

(x) to admit a will to probate;

(xi) for a rule to show cause to compel return of

assets; and

(xii) for a distribution order to discharge estate

debt.

(B) The initial nonrefundable deposit is in addition

to any other fees or charges due to commence the

case.

(C) The Register in Chancery will apply the initial

deposit to satisfy fees or charges for the plaintiff’s

filings after the initial filings in the case.

(2) Additional Deposit and Use. If the initial

nonrefundable deposit is exhausted, a party may be

required to pay an additional deposit before performing

any additional services. The Register in Chancery will

use the additional deposit to satisfy fees or charges for

filings.

(3) Sequestration Deposit. In an action seeking a

sequestration order, a party must pay an additional

deposit. The Register in Chancery will set aside part of

the additional deposit to pay the sequestrator any

Court-ordered fee.

(4) The Register in Chancery will refund any balance

from an additional or sequestration deposit remaining

at the end of the case.

(e) Schedule of Deposits, Fees, and Charges. The

Register in Chancery will assess the deposits, fees, and

charges identified in a schedule published by the Register

in Chancery.

(f) Modifications. The Register in Chancery may

determine any deposits, fees, or charges for services not

specified in the Schedule of Deposits, Fees, and Charges.

The Register in Chancery may increase or decrease any

deposit, fee, or charge for good cause in a particular case.

(g) Additional Fees. In addition to any other deposits,

fees, and charges, a party must pay:

(1) a technology surcharge for each filing; and

(2) a supplemental court security fee for each initial

civil filing, to be deposited in the Court Security Fund,

pursuant to 10 Del. C. § 8505.

(h) Security for Costs Incurred by Non-Resident

Plaintiffs. A non-Delaware resident may be required to

post security for costs.

(i) Exemptions. The following parties are exempt from

paying fees and charges:

(1) the Attorney General or the Department of

Justice;

(2) the Insurance Commissioner;

(3) the Human Relations Commission;

(4) the Office of the Public Guardian; or

(5) any party the Court determines to be unable to pay

the fees and charges.

History

Amended, effective July 1, 1977; Apr. 2, 1984; Nov. 1, 1987; June 1, 1992; Jan. 1, 2002; Aug. 23, 2002, effective Sept. 1, 2002; Mar. 10, 2003; June 21, 2005, effective July 1, 2005; Jan. 4, 2006, effective Jan. 1, 2006; Dec. 20, 2006, effective Jan. 1, 2007; Oct. 15, 2007, effective Dec. 1, 2007; Dec. 31, 2008, effective Mar. 2, 2009; June 4, 2009, effective Aug. 1, 2009; Feb. 20, 2012, effective Apr. 1, 2012; Dec. 15, 2014, effective Jan. 1, 2015; Aug. 24, 2015, effective Sept. 1, 2015; Apr. 23, 2018, effective July 1, 2018; July 19, 2018, effective Aug. 15, 2018; effective July 18, 2023; May 31, 2024, effective June 14, 2024.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
1014fb92b538bdacc129ee9f5d8ea7a8ebcd42cbce6093571ce80b393bbfc178
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
Del. Ch. Ct. R. 3 — Commencing an Action; Related Dep… · binding.law