Del. Ch. Ct. R. 56 (2026)

Rule 56. Summary Judgment (a) Motion For Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The Court must grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. (b) Time to File a Motion. (1) For Claimant. A party seeking to recover upon a claim may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. (2) For Defending Party. A party against whom a claim is asserted may move for a summary judgment at any time. (3) By Leave of Court. The Court may require that any party wishing to move for summary judgment show good cause for doing so. (c) Procedures. (1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed may not rest upon unverified allegations or denials in its pleadings. The party must support the assertion by: (A) citing to matters suitable for judicial notice or to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits, stipulations

(including stipulations made for purposes of the motion only), admissions, interrogatory answers, verified pleadings, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. (2) Objection That a Fact is Not Supported by Admissible Evidence. A party may object that the material cited to support or dispute a fact cannot be presented in a form that would be admissible in evidence. (3) Materials Not Cited. The Court need consider only the cited materials, but it may consider other materials in the record or suitable for judicial notice. (4) Affidavits. An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. An affidavit may attach documents as exhibits that the affiant certifies as originals or true and correct copies. (d) When Facts Are Unavailable to The Nonmovant. If a nonmovant shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the Court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or to take discovery; or (3) issue any other appropriate order. (e) Failing To Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact, each as required by Rule 56(c), the Court may: (1) give an opportunity to properly support or address the fact; (2) consider the fact undisputed for purposes of the motion;

(3) grant summary judgment if the motion and supporting materials—including the facts considered undisputed—show that the movant is entitled to it; or (4) issue any other appropriate order. (f) Judgment Independent of the Motion. When presented with a motion for summary judgment, the Court may grant summary judgment for a nonmovant or grant summary judgment on grounds not raised by a party. The Court may, after giving notice and a reasonable time to respond, consider summary judgment on its own after identifying material facts that are not genuinely in dispute. (g) Failing to Grant All the Requested Relief. If the Court does not grant all the relief requested by the motion, it may enter an order identifying any material fact that is not genuinely in dispute—including liability alone or an item of damages or other relief—and treating the fact as established in the case. (h) Affidavit Submitted in Bad Faith. If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the Court—after notice and a reasonable time to respond—may order the submitting party to pay the other party the reasonable expenses, including attorney’s fees, incurred as a result. An offending party or attorney may also be held in contempt or subjected to other appropriate sanctions. (i) Cross Motions. When the parties have filed cross motions for summary judgment and have not identified a disputed issue of fact material to the disposition of either motion, then the Court may deem the motions to be a stipulation for decision on the merits based on the record submitted with the motions. History. Amended, effective March 1, 2005; May 18, 2026, effective June 1, 2026.