DE · rules
Del. Ch. Ct. R. 7
Pleadings; Motions; Briefs; Letters; Compendia; Scheduling and Argument
(a) Pleadings.
(1) Permitted Pleadings. Only these pleadings are
permitted:
(A) a complaint;
(B) an answer to a complaint;
(C) an answer to a counterclaim designated as a
counterclaim;
(D) an answer to a crossclaim;
(E) a third-party complaint;
(F) an answer to a third-party complaint; and
(G) if the Court orders one, a reply to an answer.
(2) No Other Pleadings. Statutory references to other
types of pleadings—such as a petition, statement of
claim, or response—correspond to permitted pleadings.
(3) Paragraphs. A pleading must state allegations,
claims, or defenses in numbered paragraphs, each
limited as far as practicable to a single set of
circumstances. A later pleading may refer by number to
a paragraph in an earlier pleading. An answer to a
complaint, counterclaim, or crossclaim must repeat the
allegations of the pleading to which it is responding and
then set forth the response below each such allegation.
(4) Separate Counts or Defenses. If doing so would
promote clarity, each claim founded on a separate
transaction or occurrence—and each defense other than
a denial—may be stated in a separate count or defense.
(5) Incorporation by Reference; Exhibits. A pleading
may incorporate another pleading or document by
reference. Exhibits to a pleading are part of the
pleading for all purposes.
(b) Motions.
(1) In General. Except where provided elsewhere, a
request for a court order must be made by motion.
Unless made during a hearing or trial, a motion must
be made in writing.
(2) Form and Content of Written Motions.
(A) A written motion, opposition, or reply must
contain, in the order indicated:
(i) the title of the motion, opposition, or reply;
(ii) an introduction;
(iii) in the motion or opposition, any relevant
background;
(iv) an argument; and
(v) a conclusion stating the relief sought.
(B) A written motion, opposition, or reply must
contain numbered paragraphs.
(C) A written motion should attach a form of order
providing for the relief sought.
(D) Any written motion the movant is or will be
supporting with an opening brief may refer to the
brief for the items identified in Rule 7(b)(2)(A). If
such a motion contains only one paragraph, then the
paragraph need not be numbered.
(3) Word Limits for Written Motions.
(A) Any written motion the movant is or will be
supporting with an opening brief may not exceed 500
words.
(B) Any written motion the movant is not or will
not be supporting with an opening brief may not
exceed 3,000 words. The opposition to the motion
may not exceed 3,000 words. The reply may not
exceed 2,000 words. No other submissions
containing argument may be filed unless the Court
permits.
(C) The caption, title, signature block, and any
footer included under Rule 5.1(c) do not count
toward the word limitations.
(c) Briefs.
(1) In General. Except as the Court orders, only the
following briefs may be filed:
(A) an opening, answering, and reply brief for a
motion under Rule 12, 23, 23.1, 41(b), 56, or 65;
(B) briefs relating to the approval of a settlement
or application for attorney’s fees and expenses for an
action under Rule 23, 23.1, or 23.2;
(C) pre-trial briefs; and
(D) post-trial briefs.
(2) Form and Content of Briefs.
(A) A brief must have a cover page that identifies:
(i) the caption as required under Rule 10;
(ii) the title of the brief; and
(iii) the name, office address, and telephone
number of the party or counsel filing the brief.
(B) A brief must contain, in the order indicated
and separated by appropriate headings:
(i) a table of contents, with page references;
(ii) a table of authorities—cases (alphabetically
arranged), statutes, and other authorities—with
page references;
(iii) an introduction;
(iv) in an opening or answering brief, a
statement of facts with references to the record;
(v) an argument, divided into sections (and
subsections, if needed); and
(vi) a conclusion stating the relief sought.
(C) A brief may not contain numbered paragraphs.
(3) Word Limits. An opening or answering brief may
not exceed 14,000 words. The reply brief may not exceed
8,000 words. The front cover, table of contents, table of
citations, signature block, and any footer included
pursuant to Rule 5.1(c) do not count toward the
limitation.
(d) Letters.
(1) Purpose. A letter may be used to transmit courtesy
copies of other documents, provide an update to the
Court, address logistical or scheduling issues, or
address disputes over forms of order. Without
authorization from the Court, a party may not request
other relief by letter.
(2) Letters from non-Delaware Counsel. Any letter
from a lawyer must be signed by a Delaware lawyer. A
letter from a Delaware lawyer may not merely transmit
a letter from a non-Delaware lawyer.
(3) Word Limits. A letter to the Court may not exceed
1,000 words. The letterhead, header, address and
delivery information, caption, date, salutation,
complimentary close, signature, statement of
enclosures and copy recipients, and any footer included
under Rule 5.1(c) do not count toward the limitation.
(e) Compendium. A party may submit a compendium
of the authorities that the party wants the Court to review.
Examples include the principal Delaware decisions
(whether reported or unreported), applicable Delaware
regulations, persuasive non-Delaware decisions, non-Delaware statutes, and excerpts from treatises, articles,
and other authorities not readily accessible to the Court. A
compendium should not duplicate authorities that an
opposing party provided. The compendium should
generally not include cases only cited once.
(f) Scheduling and Argument.
(1) Parties may submit a briefing schedule for Court
approval by stipulation and proposed order.
(2) If the parties cannot reach agreement, any party
may seek an order fixing a briefing schedule.
(3) Any party may request a hearing. The Court may
grant the request or rule without a hearing.
History
Amended, effective Nov. 1, 1987; Jan. 4, 2006, effective Feb. 1, 2006; effective Sept. 25, 2023.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
35613f77f6e0ff2bfb583517e75d6605004da5ca5f23f10f42d2853487cef540
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