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Del. Ch. Ct. R. 97

Special Proceedings Under Delaware Rapid Arbitration Act

activein force · 2015-06-01 – presentact-effective-date

(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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