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DE · rules

Del. Ch. Ct. R. 7

Pleadings; Motions; Briefs; Letters; Compendia; Scheduling and Argument

activein force · 2023-09-25 – presentact-effective-date

(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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