When does a Chancery plaintiff need leave for an early deposition?

Service of the summons and complaint on any defendant, together with the proposed deposition time

This is a leave requirement for early depositions. It is not a last day to take discovery, and an exception can matter before the period ends.

Responsible actor. The plaintiff seeking an early deposition. Review the proposed deposition, process service on any defendant, prior defense discovery and any qualifying departure notice.

1. Service of the summons and complaint on any defendant, together with the proposed deposition time
2. This is a leave requirement for early depositions. It is not a last day to take discovery, and an exception can matter before the period ends.
3. Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
4. Obtain required leave or establish a listed exception, give reasonable written notice and comply with the deposition and subpoena requirements.

The source guide explains the actual missing comparisons or procedural conditions. No computed or paid date is supplied.

Rule 6(c) adds three calendar days after the ordinary Rule 6(a) period only for an act measured after service made exclusively by mail. It applies to party acts, not Court acts. Electronic service, an entry-based clock and a filing-based clock do not acquire that addition merely because a paper copy is mailed. These calculations show the disclosed nonexclusive-mail base component; they do not implement the mail-only addition or infer service effectiveness.

These reviewed calculators use the official edition current as of June 1, 2026. Events before that date and backward periods crossing before that date receive no computed or paid date. This is publication coverage, not a finding that an actual procedural act is late. Historical editions, emergency measures, court-modified dates and actual additional closures require separate review.

Assume one defendant has already sought discovery and another case has no such act. The plaintiff’s early-deposition permission differs despite identical process-service dates.

This is a conditional early-deposition leave inquiry, not a single filing cutoff. The preset cannot establish defense discovery, special notice or required leave.

Defense discovery exception

Leave is not required on this basis if a defendant has served a deposition notice or otherwise sought discovery.

Departure special notice

The specified notice must identify impending departure from Delaware and supporting facts, with the attorney’s certification.

Mail-only service and actual court schedule

Rule 6(c) adds three calendar days after the ordinary Rule 6(a) period only for an act measured after service made exclusively by mail. It applies to party acts, not Court acts. Electronic service, an entry-based clock and a filing-based clock do not acquire that addition merely because a paper copy is mailed. These calculations show the disclosed nonexclusive-mail base component; they do not implement the mail-only addition or infer service effectiveness.

Current edition and historical scope

These reviewed calculators use the official edition current as of June 1, 2026. Events before that date and backward periods crossing before that date receive no computed or paid date. This is publication coverage, not a finding that an actual procedural act is late. Historical editions, emergency measures, court-modified dates and actual additional closures require separate review.

• Review the proposed deposition, process service on any defendant, prior defense discovery and any qualifying departure notice.
• This is a conditional early-deposition leave inquiry, not a single filing cutoff. The preset cannot establish defense discovery, special notice or required leave.

• Service of the summons and complaint on any defendant, together with the proposed deposition time
• This is a leave requirement for early depositions. It is not a last day to take discovery, and an exception can matter before the period ends.
• Leave is not required on this basis if a defendant has served a deposition notice or otherwise sought discovery.
• The specified notice must identify impending departure from Delaware and supporting facts, with the attorney’s certification.
• Obtain required leave or establish a listed exception, give reasonable written notice and comply with the deposition and subpoena requirements.
• For electronic service and filing, Rule 5(d) uses midnight for an original complaint, notice of appeal, or paper in a summary proceeding or an action ordered expedited. Other papers in other actions must be served or filed by 5:00 p.m. Use Delaware local court time and preserve actual completed transmission and docket treatment. Do not replace the ordinary boundary with a federal midnight rule. Rule 5(c)(2)(B) permits self-represented delivery to the Register with the required fee, deemed filed when delivered. Check actual office availability. Rule 5(e) permits the Court, on satisfactory proof, to deem an unsuccessful electronic attempt timely; relief is not automatic.