DE · rules
Del. Ch. Ct. R. 97
Special Proceedings Under Delaware Rapid Arbitration Act
(a) Definitions. For Purposes of this rule:
(1) “Arbitration” shall have the meaning set forth in
10 Del. C. § 5801(2).
(2) “Arbitrator” shall have the meaning set forth in
10 Del. C. § 5801(3).
(3) “Party” shall mean any party to an Arbitration.
(b) Enforcement of Subpoena.
(1) This Rule 97(b) governs the procedure in a
proceeding to enforce a subpoena issued under
10 Del. C. § 5807(b). The proceeding will be determined
in a summary fashion.
(2) An Arbitrator may commence the proceeding
under Rule 3 by a petition to enforce a subpoena against
the respondent named in the subpoena. Service of the
petition on all Parties must be made pursuant to the
methods of service in Arbitration. Other service of the
petition, including service of the respondent names in
the subpoena, must be made under Rule 4.
(3) Unless the Court otherwise directs, the
respondent named in the subpoena must serve an
answer within 7 days after service of the petition. The
Parties may appear in the proceeding but may not serve
an answer or file any dispositive motions.
(4) Unless the Court otherwise directs, no discovery
may be taken in the proceeding.
(c) Determination of Arbitrator’s Fees.
(1) This Rule 97(c) governs the procedure in a
proceeding to determine an Arbitrator’s fees under
10 Del. C. § 5806(b).
(2) An Arbitrator may commence the proceeding by a
petition to determine fees under Rule 3. The proceeding
may be commenced only after the final award in the
Arbitration has been issued. No defendant need be
named in the petition. The petition must be served on
all Parties pursuant to the methods of service in the
Arbitration.
(3) The Parties may, but need not, serve an answer.
(d) Entry of Judgment.
(1) This Rule 97(d) governs the procedure for entry of
judgment under 10 Del. C. § 5810(b).
(2) Any Party may commence the proceeding to
determine by a petition to enter judgment under Rule 3.
No defendant need be named in the petition. The
petition must be accompanied by the final award in the
Arbitration. Service of the petition must be made on all
other Parties pursuant to the methods of service in the
Arbitration.
(3) No answer may be filed in the proceeding. No
dispositive motions may be filed in the proceeding.
(4) No discovery may be taken in the proceeding.
(5) Upon the Court’s satisfaction that the
requirements of 10 Del. C. § 5810 have been satisfied,
final judgment shall be entered forthwith.
History
Added, effective June 1, 2015.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
1d64e9827a5eba71f3b1eb73cd1b1c48c72d3ce0b1016b897106fdb397392a48
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