United States · Delaware Court of Chancery
Can a Chancery ex parte TRO automatically receive thirty additional days?
Rule 65(b)(2) permits a court extension for cause of up to 30 additional days before the TRO expires. A longer extension requires the restrained party’s consent.
- Period
- The thirty-day figure is a discretionary ceiling requiring actual timely relief. No automatic extended expiration date can be computed.
- Trigger
- The existing TRO’s actual expiration time and any qualifying extension made before it
- Rule
- 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
Can a Chancery ex parte TRO automatically receive thirty additional days?
The thirty-day figure is a discretionary ceiling requiring actual timely relief. No automatic extended expiration date can be computed.
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Which event starts this Ct. Ch. R. 65(b)(2) inquiry?
The existing TRO’s actual expiration time and any qualifying extension made before it
Thirty days is the court-extension ceiling, not a new period automatically beginning when the initial order lapses.
Responsible actor. The party seeking an extension and the Court deciding it. Establish the actual initial expiration time, a timely extension for cause and any consent to a longer extension.
Ct. Ch. R. 65(b)(2)Which comparisons must be resolved before counting?
- The existing TRO’s actual expiration time and any qualifying extension made before it
- Thirty days is the court-extension ceiling, not a new period automatically beginning when the initial order lapses.
- Identify the actual competing event, court order or statutory condition described here before applying Rule 6. No single date is computed.
- Preserve the timely extension order, its actual terms and any restrained-party consent. Do not rely on an ungranted request.
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 one timely extension grants fewer than thirty days and another relies on consent for a longer duration. The preset cannot select their actual terms.
The thirty-day figure is a discretionary ceiling requiring actual timely relief. No automatic extended expiration date can be computed.
Which qualifications change this procedure?
- Cause and timing
- The Court must extend for cause before the initial expiration time.
- Consent branch
- The restrained party may consent to an extension longer than the ordinary court-extension ceiling.
- 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.
- Establish the actual initial expiration time, a timely extension for cause and any consent to a longer extension.
- The thirty-day figure is a discretionary ceiling requiring actual timely relief. No automatic extended expiration date can be computed.
Which completed acts and evidence should be preserved?
Questions about Ct. Ch. R. 65(b)(2)
Can a Chancery ex parte TRO automatically receive thirty additional days?
Does requesting extension keep the TRO alive?
The rule requires the qualifying extension before expiration; an ungranted request is not the extension.
Ct. Ch. R. 65(b)(2)Must the extension use all thirty days?
No. The stated court power is up to thirty additional days. Read the actual ordered time.
Ct. Ch. R. 65(b)(2)Can consent support a longer period?
Yes. The rule identifies the restrained party’s consent as the longer-extension branch.
Ct. Ch. R. 65(b)(2)Official Chancery sources and edition review
Provisions used (10)
| Provision | Purpose |
|---|---|
| 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. 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 amendments | The separately identified counting, filing, procedural qualification or edition source |
| May 18, 2026 implementing order, effective June 1, 2026 | The separately identified counting, filing, procedural qualification or edition source |
| July 12, 2024 corrected implementing order | The separately identified counting, filing, procedural qualification or edition source |
| September 23, 2025 Magistrate amendments, effective September 30, 2025 | The separately identified counting, filing, procedural qualification or edition source |
| Register in Chancery filing practices, July 26, 2023 | Older filing practices, read subject to the current Rule 5 text |