Before filing: forum, claim and remedy
A potential litigant and counsel must assess whether Chancery has subject-matter jurisdiction, whether another court provides an adequate remedy, who has standing, what claims are available, whether contractual or statutory procedures apply, and what relief can realistically be requested. These are not interchangeable questions.
Deadlines, service, pleading standards, jurisdiction and preservation obligations depend on the case. Do not rely on a general timeline or website summary to make filing decisions.
A typical civil-action path
Derivative claims have an additional gatekeeping requirement. Court of Chancery Rule 23.1 requires particularized allegations concerning demand on the board or why demand is excused. In United Food & Commercial Workers Union v. Zuckerberg (2021), the Delaware Supreme Court adopted a universal director-by-director test for demand futility. It asks whether each director received a material personal benefit, faces a substantial likelihood of liability, or lacks independence from someone who did. The test is applied to the board in place when the complaint is filed; it is not a generic test of whether the board is “independent.” See the case explorer for Zuckerberg and its predecessor decisions.
Complaint or petition
The initiating pleading identifies parties, jurisdictional basis, claims and requested relief. Chancery Rule 3 and other rules govern the form and filing of initiating papers.
Service and initial responses
Defendants are served as required and may answer, move to dismiss, raise procedural issues or seek other relief. The schedule is set by rules and Court orders.
Case management and scheduling
The Court may establish deadlines for pleadings, discovery, motions, expert work, pretrial submissions and trial. Complex or expedited matters can follow different schedules.
Discovery
Parties exchange relevant information through permitted tools such as document requests, interrogatories, depositions and subpoenas. Protective orders and confidentiality rules may apply.
Motions and hearings
Parties may ask the Court to resolve legal or procedural issues before trial. Some cases turn on a motion; others require a factual record and trial.
Trial or evidentiary hearing
Because Chancery is a non-jury court, the assigned judicial officer generally decides the factual and legal issues tried in the case, subject to any applicable jury-trial procedure for factual issues.
Opinion, order and remedy
The Court issues a written or oral decision and enters an order or judgment. The outcome may grant, deny or shape the requested equitable or other relief.
Post-trial proceedings and appeal
Post-trial motions and appeals are governed by specific rules and strict timing requirements. Appeals from Chancery proceed to the Delaware Supreme Court.
Expedited proceedings
Some disputes require a compressed schedule because delay could affect meaningful relief—for example, certain transaction-related disputes before a vote or closing. Expedition is not automatic. The Court decides whether expedited treatment is justified and may tailor the schedule to the circumstances.
Mediation and other resolution paths
Chancery rules provide for mediation in certain settings. Delaware law also authorizes mediation of qualifying business disputes under 10 Del. C. §347, subject to statutory conditions, including party consent and other eligibility requirements. Mediation is not the same as a judicial decision on the merits.
Appeals
The Delaware Supreme Court is the appellate court for Chancery decisions. Appellate review follows its rules and may involve issues of law, discretion and factual findings under different standards. A case's appellate history can materially change how an earlier trial-court opinion should be read.
Practical realities and official help
- All civil-action filings are generally made through File & ServeXpress by a Delaware-licensed attorney. The Court's procedures provide alternate filing guidance for self-represented people.
- Entities cannot appear pro se in Chancery; the official filing guide states that entities must be represented by a Delaware-licensed attorney.
- Filing fees, technology fees and service-provider charges may apply. Always check the current official schedule.
- Rules and practice guidelines change. The Court's official rules page lists Chancery Rules current as of June 1, 2026.