Del. Ch. Ct. R. 77 (2026)

Rule 77. Court and Register Open; Register Office Hours; Register Duties; Notice of Orders; Conducting Trial and Other Proceedings; Opinions to be Dated (a) Court and Register Open. The Court and Register are considered always open for filing any paper, issuing and returning process, or issuing an order. (b) Register Office Hours. The Register’s office is open and staffed with a clerk, court administrator, or deputy court administrator during business hours every day except Saturdays, Sundays, legal holidays, and closures due to emergencies or inclement weather. (c) Register’s Authority and Duties. (1) Authority. The Register may act on any matter not requiring Court action, unless the Court suspends, alters, or rescinds the Register’s authority. (2) Rules. The Register maintains the Rules and disseminates notice of any amendment to all members of the Bar within 10 days of adoption.

(3) Attendance at Proceedings. A representative of the Register attends any Court proceeding conducted in a regular courtroom, unless the Court orders otherwise, and attends other proceedings as instructed by the Court. (4) Custody of Records and Exhibits. The Register maintains custody of Court records and exhibits, including hearing and trial exhibits. The Register may not permit a record or exhibit to be taken from its custody unless ordered by the Court or required by statute or the Rules. The Register may not disseminate copies of any hearing or trial exhibit unless ordered by the Court, required by statute or the Rules, or with the consent of the parties. (5) Disposal of Exhibits. After a matter has concluded and the appeal period has expired, the Register must serve a notice directing the parties to take custody of all hearing or trial exhibits. Unless the Court orders otherwise, the Register may dispose of any exhibit not removed within 15 days or with the prior consent of the parties. (d) Notice of Order. (1) Service. The Register must serve each party not in default with a copy of every order. (2) Time to Appeal Unaffected by Lack of Service. Lack of service with a copy of an order does not affect the time for appeal—or authorize the Court to relieve a party for failing to appeal within the time allowed— except as the Supreme Court may permit. (e) Conducting Trial and Other Proceedings. The Court conducts trial, so far as convenient, in a courtroom. In the Court’s discretion or by agreement of the parties, the Court may conduct trial by means of remote communication reasonably equivalent to trial in a courtroom. The Court may conduct any other proceeding or perform any act in Chambers or by means of remote communication reasonably equivalent to acting in Chambers. (f) Written Opinions to be Dated. Letter opinions and orders must identify the date filed. Other written opinions must identify:

(1) the date submitted, measured by the last proceeding on or paper submitted in connection with the matter decided, and (2) the date filed. History. Amended, effective July 1, 1974; July 28, 1978; March 31, 1999, effective June 1, 1999; May 18, 2026, effective June 1, 2026.