Del. Ch. Ct. R. 5.1 (2026)

Rule 5.1(e) and Rule 5.1(f), except that: (A) the filer must give notice within five days after the filing of the challenge notice; and (B) any recipient of notice must designate any additional information for redaction within 10 days of the filing of the challenge notice. (6) If a Public Version Exists. If a public version of the challenged Confidential Filing has been filed before the filing of the challenge notice, then the Register in Chancery must make the Confidential Filing publicly accessible unless a person timely moves for an order maintaining its confidential treatment. (A) Moving to Maintain Confidential Treatment. Any person seeking to maintain confidential treatment must move within five days after the filing of the challenge notice. The motion must be served on the challenger. (B) Opposing a Motion. Any person who opposes confidential treatment must file an opposition within five days after the filing of the motion. If a timely opposition is not filed, the challenge is deemed withdrawn. (C) Further Proceedings. The Court will determine whether further filings or proceedings are warranted. (D) Burden of Persuasion. The person seeking to maintain confidential treatment bears the burden of persuading the Court that confidential treatment is warranted. (E) Fees and Expenses. The Court may award fees and expenses if the Court determines that the motion to maintain confidential treatment or the opposition lacked sufficient justification. (h) Expiration of Confidential Treatment. Unless the Court orders otherwise, confidential treatment expires three years after the final disposition of the action, and the Register in Chancery must make any Confidential Filing

publicly accessible unless a person files a timely motion to extend confidential treatment. (1) Expiration Notice. At least 90 days before the expiration date, the Register in Chancery must file a notice on the docket advising the parties of the expiration of confidential treatment. (2) Moving to Extend Confidential Treatment. Any person may move to extend confidential treatment within 45 days after the filing of the expiration notice. (A) The movant must demonstrate that the particularized harm from public disclosure of the Confidential Filing clearly outweighs the public interest in access to Court records. The movant must provide evidentiary support for the particularized harm. (B) The Court will determine whether additional proceedings are warranted. (i) Rule 6(e) Inapplicable. The additional time after service by mail does not apply to this rule, regardless of the method of service. History. Added, Nov. 5, 2012, effective Jan. 1, 2013; May 31, 2024, effective June 14, 2024.