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United States · Delaware Court of Chancery

When does a Chancery temporary restraining order without notice expire?

Rule 65(b)(2) makes an ex parte TRO expire at the time the Court sets, ordinarily not exceeding 10 days after entry. The written order’s actual time controls.

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Read why no date is calculated
Period
The Court sets the actual expiration date and hour, and an extension can change it. The preset’s maximum period is not the order’s automatic life.
Trigger
Entry of the ex parte TRO and the actual expiration time set in the order
Rule
Ct. Ch. R. 65(b)(2)
Ct. Ch. R. 65(b)(2)

Official rules current as of June 1, 2026, reviewed. The calculator supports this current edition only.

Source guide · No automated date

When does a Chancery temporary restraining order without notice expire?

The Court sets the actual expiration date and hour, and an extension can change it. The preset’s maximum period is not the order’s automatic life.

Ct. Ch. R. 65(b)(2)

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Which event starts this Ct. Ch. R. 65(b)(2) inquiry?

Entry of the ex parte TRO and the actual expiration time set in the order

The ten-day figure is a ceiling. A court-set shorter time must not be replaced by a maximum-date calculation.

Responsible actor. The parties bound by or seeking relief from the ex parte TRO. Read the actual order’s issuance, entry and specified expiration date and hour, together with any timely extension.

Ct. Ch. R. 65(b)(2)

Which comparisons must be resolved before counting?

  1. Entry of the ex parte TRO and the actual expiration time set in the order
  2. The ten-day figure is a ceiling. A court-set shorter time must not be replaced by a maximum-date calculation.
  3. Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
  4. Preserve the filed order, its specified expiration date and hour, any extension order and the underlying notice and security conditions.

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.

Ct. Ch. R. 6(a)–(c)

What distinguishes these procedural branches?

Assume two orders entered together specify different expiration hours or one specifies a shorter duration. A shared ten-day preset cannot report their actual expiry.

The Court sets the actual expiration date and hour, and an extension can change it. The preset’s maximum period is not the order’s automatic life.

Which qualifications change this procedure?

Extension before expiry
The Court may extend for cause before expiry for up to thirty additional days; the restrained party may consent to longer.
Prompt hearing
An ex parte TRO requires the preliminary-injunction hearing at the earliest possible time and the obtaining party must proceed.
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.
Ct. Ch. R. 65(b)(2)
  • Read the actual order’s issuance, entry and specified expiration date and hour, together with any timely extension.
  • The Court sets the actual expiration date and hour, and an extension can change it. The preset’s maximum period is not the order’s automatic life.

Which completed acts and evidence should be preserved?

Questions about Ct. Ch. R. 65(b)(2)

When does a Chancery temporary restraining order without notice expire?

Does every ex parte TRO last ten days?

No. The Court sets the actual expiration time, which may be shorter than the ceiling.

Ct. Ch. R. 65(b)(2)

Does the calculator automatically grant an extension?

No. A timely qualifying extension order or the restrained party’s consent must actually exist.

Ct. Ch. R. 65(b)(2)

Is an ex parte TRO the same as a preliminary injunction?

No. A preliminary injunction requires notice and has its separate Rule 65(a) requirements.

Ct. Ch. R. 65(a)

Official Chancery sources and edition review

Provisions used (12)
Provisions used in this guide
ProvisionPurpose
Ct. Ch. R. 65(b)(2)The particular actor, event, procedural act and rule conditions
Ct. Ch. R. 65(b)(2)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 65(b)(3)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 65(a)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 6(a)–(c)The separately identified counting, filing, procedural qualification or edition source
Ct. Ch. R. 5(b)–(f)The separately identified counting, filing, procedural qualification or edition source
1 Del. C. § 501(a)–(c)The separately identified counting, filing, procedural qualification or edition source
Court of Chancery rule editions and amendmentsThe separately identified counting, filing, procedural qualification or edition source
May 18, 2026 implementing order, effective June 1, 2026The separately identified counting, filing, procedural qualification or edition source
July 12, 2024 corrected implementing orderThe separately identified counting, filing, procedural qualification or edition source
September 23, 2025 Magistrate amendments, effective September 30, 2025The separately identified counting, filing, procedural qualification or edition source
Register in Chancery filing practices, July 26, 2023Older filing practices, read subject to the current Rule 5 text
Read the official rule

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