Rule Amendments


Effective January 1, 2015

The Court of Chancery has amended several rules to incorporate the Court's remaining standings orders, update certain rules to reflect best practices, and clarify the Court's procedures for cases involving trusts, estates, and adult guardianships. The Court also adopted a set of operating procedures that include requirements that could not logically or efficiently be incorporated into the Court's rules. These operating procedures are available on the Court's website. The revisions to the rules are effective January 1, 2015. Read the press release issued by the Court. Below is a brief summary of the revisions and a link to each new rule.

  • Rule 4: Rule 4 was revised to reference the Court's procedures for process servers and refers to the operating procedures for more detailed information.
  • Rule 5: Rule 5 was revised to clarify the Delaware publications in which a party may give notice by publication.
  • Rule 79.1: The revisions to Rule 79.1 incorporate the Court's standing orders and administrative directives regarding electronic filing.
  • Rule 84: New Rule 84 addresses the appointment of a court interpreter for indigent persons who have limited English proficiency or are hearing impaired.
  • Rule 90: Rule 90 has been revised to address the issue of public access to records in cases filed as Civil Miscellaneous ("CM") matters.
  • Rule 113: Rule 113 has been amended to address the sale of a disabled person's real estate to reflect current practices regarding the appointment of an appraiser, giving notice to interested parties, and the return of sale.
  • Rule 114: Rule 114 has been amended to require a guardian of a disabled person's property to file an accounting six months after the guardian is appointed. The rule also introduces a quarterly due date system for a guardian's annual accounting. This quarterly system will facilitate the tracking and monitoring of those accountings by the Register in Chancery.
  • Rule 131: Rule 131 has been amended to remove the requirement that professional guardians post a secured bond before being appointed by the Court.
  • Rule 144: Rule 144 has been rewritten to clarify procedures in cases before a Master in Chancery, including the process and timeframe for taking exception to a Master's report.
  • Rule 174: Revised Rule 174 updates the process for mediation in cases pending before the Court, and merges existing Rules 174, 174.1 and a standing order dated January 31, 2007, which addressed mediation in deed restriction cases under 10 Del. C. § 348.
  • Rule 175: The revisions to Rule 175 incorporate several standing orders governing a petition for appointment of a guardian for an adult disabled person. The rule also was rewritten to improve clarity.
  • Rule 176: Rule 176 was revised to incorporate the Court's standing order governing the fees and costs charged by attorneys ad litem appointed in guardianship cases.
  • Rule 180-B: Rule 180-B has been amended to adopt a quarterly due date system for the Annual Update and Medical Statement that must be filed each year by guardians of a disabled person.
  • Rule 180-C: The revisions to Rule 180-C clarify that a final accounting is due within 90 days of the removal, resignation, or termination of the guardian.
  • Rule 186.1: New Rule 186.1 adopts a uniform procedure for the appointment of guardians ad litem to serve in trust matters. Attorneys wishing to be appointed in such cases should submit their name to the Register in Chancery.
  • Rule 190: Rule 190 was revised to remove the requirement that a personal representative who is represented by Delaware counsel personally appear in the Register of Wills before letters testamentary or letters of administration will be issued.
  • Rule 194: Rule 194 was revised to allow the Chief Deputy Register of Wills to administratively close inactive estates after giving interested parties notice and an opportunity to object.
  • Rule 195: Rule 195 was revised to incorporate a standing order regarding the officials to whom an estate accounting may be presented for approval.
  • Rule 197: The revisions to Rule 197 clarify the procedure for taking exceptions to an estate inventory or accounting.
  • Rule 207: Rule 207 has been revised to clarify the types of cases that must be filed as Civil Actions ("CAs") rather than Civil Miscellaneous matters ("CMs").