DE · rules
Del. Ch. Ct. R. 3
Commencing an Action; Related Deposits, Fees, and Charges
(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
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